' 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,