' The appellant is tenant of the respondent in House No,973, Block 20, Federal B Area, Karachi. The respondent filed Rent Case No,677 of 1994 in the Court of III-Senior Civil Judge Rent Controller, Karachi Central on the ground of default in payment of rent and raising of structure on the first floor without permission of the landlady and, thereby impairing the value and utility of the premises.
2. The Rent Controller, in his order, dated 22-4-2000, held that no default was committed by the tenant/appellant in payment of rent. However, the rent case was allowed on the ground that the appellant/tenant had constructed first floor without permission of the landlady. Thus, the issue in appeal is only relating to construction by the appellant/tenant without permission of the landlady.
3. It is established on record that some structure has been raised on the first floor of the disputed premises. The Rent Controller held that the appellant/tenant had infringed the terms and conditions on which the premises was let out to him. No rent agreement was produced to prove that there was any term or condition which has been violated. The Rent Controller has not allowed the rent case on the ground that the structure raised by the appellant/tenant has impaired the value or utility of the property in dispute. Apparently, the structure has added to the value and utility of the property.
4. Mr. Abdul Muqtadir Khan, learned counsel for the respondent, B contended that the tenant has raised structure without any approved plan. That, itself, is not a ground for ejectment and if a construction is raised without an approved plan, the concerned authority, viz. Karachi Building Control Authority, may be approached for its removal. In any case, however, the finding of the Rent Controller is not maintainable because there can be no finding on violation of a term of an agreement in the absence of the agreement itself.
5. Since there is a finding that there was no default in payment of rent, and the finding of the Rent Controller on the point of illegal construction cannot be maintained, the appeal is allowed, and the rent case is dismissed.