FATEH MUHAMMAD Versus AHMAD NASIR KHAN

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑This petition is for leave to appeal from judgment dated 17‑11‑1986 of the Sind High Court; whereby Rent Appeal of the respondent/landlord‑side, was allowed against the rejection of his ejectment application; and, the petitioner/ tenant was ordered to be evicted on grounds: (i) use of the house, let out as such, for a different purpose ‑ (godown/office) without the consent of the landlord; and, (ii) making additions/ alterations in the house which impaired the material value thereof, without landlord's permission.

2. Learned counsel first tried to challenge the findings of fact on both the issues, but did not succeed. He then contended that even if it be assumed that the house was not let out for commercial purposes, its use for those purposes by the petitioner was for a long time and the landlord knew about it. Therefore, the principle of waiver would apply.

3. Firstly, there is a finding of fact on this point also against) the petitioner. Secondly, even if the submission is based on facts, the petitioner would not benefit because, it is the requirement of law that the consent of the landlord should be in writing which, it is admitted was not given by him.

4. Learned counsel also contended that the finding by the High Court on the second question is not supported by reasons.

5. This is not correct. The impugned judgment is un‑exceptionable.

6. This petition is dismissed.

7. M.I./F37/S Petition dismissed.