KRISHNA KANTA Vs. GEETA ROY

JUDGEMENT

(1.) This is an appeal by the tenant against the order of the Rent Control Tribunal dated May 4,1978. The relevant facts are these.

(2.) The appellant is a tenant of shop No. 3 under the respondent-landlord. The shop measures about 100 sq. ft. The shop was let out in 1955. In 1969, the landlord filed a petition for eviction of the tenant on the ground that the tenant had built a loft in the shop which had substantially damaged the walls. The petition was filed under clause (j) of the proviso to Section 14(1) of the Delhi Rent Control Act.

(3.) Both the parties led evidence before the Rent Controller. The landlord besides examining himself, examined AW-2 Shri Phool Ghand Goel, Chartered Civil Engineer and Architect. The tenant examined PW-2 Jagmohan Singh Architect. The Additional Rent Controller on an examination of the evidence found that the tenant had constructed the loft but it had caused no damage to the shop. (It may be noticed here that the plea taken by the tenant was that the loft was in existence when the shop was let out to him and he had not built the loft after taking the shop on rent).