- (1.)This is a landlord's revision petition against the judgement dated the 15th of May, 1975 of the learned Appellate Authority, who had accepted the tenant's appeal against his ejectment ordered by the Rent Controller.
(2.)Dewan Chand, petitioner, filed an application for ejectment of Babu Ram, Tenant, under section 13 of the East Punjab Urban Rent Restriction Act, 1949, inter alia on the ground that the tenant had not paid the rent, and he had without the permission of the landlord made structural changes in the shop by removing two doors and by closing the varandah and by fixing those two doors in the outer wall, as also fitting to girders in the roof and by his acts damaged the building resulting in cracks in the walls, that the tenant was guilty of nuisance.
The tenant tendered the rent alongwith the costs and interest on the first date of hearing and denied that he had made any changes in the shop. The Rent Controller framed the following issues :-

1. Whether the respondent was in arrears of rent and whether the tender of arrears of rent, interest and costs by the respondent is short O.P.P.

2. Whether the respondent has been guilty of such acts and conduct as are nuisance to the occupier of building in the neighbourhood

3. Whether the respondent is liable to pay house tax, water rate and property tax If so, from what date and at what rate and its effect

4. Whether the tenant has committed such acts as have impaired materially the value of utility of the property

5. Relief.

(3.)After due trial, the Rent Controller found that the tenant had validly tendered the arrears of rent along with interest and costs. He was not liable to pay house tax. He was not guilty of nuisance. However, he came to the conclusion that the tenant had materially impaired the value and utility of the shop in dispute. Therefore, he accepted the ejectment application and passed orders for the eviction of the tenant. Aggrieved by this Order, Babu Ram filed an appeal.