MAHESH GROVER,J. - (1.) THIS revision petition is directed against the order of the Appellate Authority dated 30.3.2005 by which the petitioner has been ordered to be evicted from the premises in question. The petitioner faced ejectment proceedings under the provisions of Section 13 of the East Punjab Urban Rent Restriction Act, 1949 when the petition was preferred by the respondent-landlord seeking his ejectment on the following grounds :- i) That the respondent has not paid or tendered the due rent in respect of shop from 1.7.90 upto this day according to the terms and conditions agreed by him, in the rent deed dated 11.7.90 executed by him in favour of the petitioner. ii) That the respondent has materially altered the premises by covering the varandah and Tharra (thresh hold) into the various shops by roofing at and fixing of almirah and shutter which is not only illegal but contrary to the terms and conditions of the rent deed dated 11.7.90 which has decreased the utility of the shop. iii) That the respondent has altogether changed the roof of the shop open thresh hold (Tharra) converted into room with shutter in front of it as manifests from the spot which impairs the value and utility of the building.
(2.) IN the written statement preferred by the petitioner he has denied the factum of the construction in front of the shop as alleged by the respondent- landlord. The Rent Controller framed the following issues :- "i) Whether the tender made by the respondent is valid ? OPR ii) Whether respondent has made material alterations in the premises in dispute and decreased its value and utility ? OPA iii) Relief." The petition was determined against the landlord and his application was dismissed.
(3.) AN appeal followed and the findings of the Rent Controller were reversed vide the impugned order which has resulted in the present revision petition.;