S.D.AGARWAL, J. - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act.
(2.) BABU Ram and two others filed a suit No. 399 of 1978 in the Court of Munsif, Sambhal, Moradabad for ejectment of the respondent No. 3, Jagdish Saran, and for recovery of Rs. 108.22 P. as arrears of rent and damages for use and occupation. This suit was decreed by the Munsif, Sambhal, acting as Judge, Small Causes Court, by judgment dated 27th April, 1977. Aggrieved by the said decision a revision was filed. The revision came up for hearing before the VIIth Additional District Judge, Moradabad, who by his judgment dated 11th February, 1981 allowed the revision in part. The effect of the judgment of the revisional Court was that the decree for ejectment was set aside. The petitioners being aggrieved by the judgment dated 11th February, 1981, have challenged the same by means of the present petition. I have heard the learned counsel for the parties, learned counsel for the petitioner has contended that the tenant, respondent No. 3 has made construction in the property let out to him without the permission of the landlord and, as such he was liable to be evicted under the provisions of Section 20(2)(c) of the Act and the view, to the contrary, taken by the revisional Court is manifestly erroneous.
(3.) SECTION 20(2)(c) of U.P. Act No. 13 of 1972 is quoted below : "20(2)(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." Under Clause (c), quoted above, the ground of eviction can be if a construction has made in the building which is likely to diminish its value or utility or to disfigure it and also if a structural alteration in the building is made which is likely to diminish its value or utility or to disfigure it. When a construction is made or a structural alteration is made by the tenant, in both these cases it should have the effect of diminishing the value of the building or utility or it should amount to disfiguring the building. Unless either of these alternatives is established, the tenant is not liable for eviction.;