MESSRS SUMAN LIGHT HOSIERY Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the eviction order has been passed by both the authorities below.

(2.) LANDLORD Jaswant Singh sought the ejectment of the tenant, M/s. Suman Light Hosiery, from the demises which consist of six rooms; two drawing rooms and one myani on the ground floor of House No. B.VI/253, situated in Madhopuri, Ludhiana, rented out vide rent note dated December 17, 1966, Exhibit A.1 for hosiery business. The ejectment of the tenant was sought therefrom in the year 1973 mainly on the ground that it had materially impaired the value and utility thereof by constructing wooden parchhatis in the rooms without the consent of the landlord and that it had dismantled two wooden walls. In their places, it had constructed a brick wall on the lintel thereby causing great damage to the building, in question. In the written statement, the plea taken by the tenant was that the alleged alterations or construction already existed at the time of the inception of the tenancy and, thus, it had not done anything which was likely to impair the value or utility thereof. On the evidence, the learned Rent Controller found that the tenant had constructed the Parchhaties and the wall the weight of which fell on the lintel under which there was no support. Thus, it was concluded that it was likely to impair materially the value and utility of the premises. Consequently, the eviction order was passed against the tenant. In appeal, the Appellate Authority affirmed the said findings of the Rent Controller with the observations, -

(3.) I have heard the learned counsel for the parties and have also gone through the relevant evidence on the record.