BRITISH MOTOR CAR CO Vs. MADAN LAL SAGGI

JUDGEMENT

(1.) This is a desperate attempt on the part of the petitioner, who was unsuccessful throughout, to hold on to the premises of which he is the tenant.

(2.) The petitioner is the tenant of land and building constructed upon a plot in Jalandhar. Sometime in the year 1967 the petitioner was inducted into the premises by a lease agreement dated 25.10. 1967. The lease agreement, inter alia, contained a clause which said, "that the lessees will not make any addition or alteration or change in the building during the period of tenancy".

(3.) The respondent-landlord moved a petition under section 13 of the East Punjab Urban rent Restriction Act, 1949 seeking eviction of the petitioner-tenant on two grounds, namely, (1) that the petitioner had not been paying the enhanced rent as per the terms of the agreement; and (2) that though the earlier the petitioner had made a temporary shed over the generator which was placed in the courtyard, the petitioner had now extended and made further construction of two pacca sheds without consent of the landlord in the courtyard and by constructing the sheds the petitioner had materially impaired the value and utility of the premises.