REHMAT ALI through Legal Heirs and 10 others vs ALLAH BACHAYO
This matter arises from eviction proceedings initiated by the respondent-landlord against the appellant-tenant on the ground that the tenant removed wooden stairs and replaced them with RCC stairs, allegedly impairing the value and utility of the rented premises. The Rent Controller ordered eviction, and the High Court maintained that order. The appellant obtained leave to appeal before the Supreme Court. The core legal question was whether the replacement of the wooden staircase with an RCC structure impaired the value and utility of the property. The Supreme Court held that replacing wooden stairs with an RCC structure actually increased the property's value and did not damage the premises. Consequently, the Court set aside the orders of the Rent Controller and the High Court, and allowed the appeal. The key principle laid down is that structural alterations by a tenant that enhance or preserve the property's value without causing damage or impairing its utility do not constitute valid grounds for eviction under rent laws.
- Whether the replacement of a wooden staircase with an RCC structure impairs the value and utility of a rented house?
- Does structural modification by a tenant that increases the property's value constitute a valid ground for eviction?
ORDER
' SYED DEEDAR HUSSAIN SHAH, J.--- The facts of the case are that appellant-tenant removed the wooden stairs and replaced the same with RCC stairs. The respondent-landlord approached the Rent Controller for eviction of the appellant, Rehmat Ali (since died and represented through L.Rs,) which was allowed. Learned High Court also maintained the order of Rent Controller. Leave to appeal was granted by this Court to consider whether the removal of wooden stairs-case by the appellant has impaired the value and utility of the house or not.
2. It is an admitted fact that wooden stairs-case was replaced by the RCC structure, which on the contrary has increased the value of the property. It is also worth mentioning that construction of RCC stairs-case, in any case, has not damaged the premises.
3. For the above reasons we have formed the opinion that the view taken by the learned Rent Controller and affirmed by the learned High Court cannot be sustained. In the result orders of the both the learned Courts below are set aside and the appeal, is allowed, 'leaving the parties to bear their own costs,