- (1.)This is an appeal filed at the behest of the landlord, whose plea for eviction against the respondent-tenant was turned down, by the impugned order dated 03.12.2007, passed by the High Court of Judicature at Allahabad (hereinafter referred to as 'the High Court'). It is essential to record, that eviction at the behest of the appellant was sought under Section 20(2)(c) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the 1972 Act'). Section 20(2)(c) aforementioned of the 1972 Act is being extracted hereunder:
"20(2) A suit for the eviction of a tenant from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely:

(a) XXX XXX XXX

(b) XXX XXX XXX

(c) that the tenant has without the permission in writing of the landlord made or permitted to be made any such construction or structural alteration in the building as is likely to diminish its value or utility or to disfigure it."

(2.)In order to succeed under the provision extracted above, a landlord must establish, firstly, that the tenant without the permission of the landlord, had effected construction or structural alteration in the rented building. The fulfilment of the first condition would not per se, entitle a landlord, the right to evict the tenant. In addition to the aforesaid pre-requisite, it is essential for a landlord to further establish, either that, the said construction or structural alteration had diminished the value of the building, or that, it had diminished the utility of the building, or that, it had disfigured the building.
(3.)The building leased out by the appellant to the respondent is a house. In the lease deed executed between the parties on 01.03.1987, the description of the rented premises, was depicted as under: JUDGEMENT_31_LAWS(SC)12_2014_1.html