- (1.)This revision petition is directed against the judgment dated 4.7.2006 of the learned Appellate Authority (Fast Track Court), Shimla passed in Rent Appeal No.6-S/14 of 2005/04.
(2.)Material facts necessary for the adjudication of this petition are that the respondent/landlord (hereinafter referred to as "the landlord" for convenience sake) has instituted a petition seeking eviction of the petitioner/tenant (hereinafter referred to as "the tenant" for brevity sake) from the demised premises on the ground that she, without the written consent of the landlord, has committed such acts as were likely to impair materially the value or utility of the building/premises. The tenant has undertaken construction work relating to extension of shop for installing an iron shutter and putting wooden partition inside the shop with a purpose to convert the rear portion in to a residential one. She has covered the floor with stones and tiles which were quite heavy and considering the old condition of the building were most unsuitable as extra weight has been added. According to the landlord, the building could collapse as it has developed cracks.
(3.)The petition was contested by the tenant. The tenant has denied that any addition or alteration has been made which could impair materially the value or utility of the premises. According to her, she has carried out necessary repairs in the shape of fixing glasses in the windows, changing the broken ceiling and did white wash and change of furniture.