SHAKUNTALA DEVI Vs. AVTAR SINGH

JUDGEMENT

(1.) SAO 171/1988 is directed against the judgment and order dated 31.8.1988 of the Rent Control Tribunal (for short 'Tribunal') in R.C.A. No. 40/86 whereby the learned Tribunal reversed the judgment of the Additional Rent Controller dated 17.12.1985, who, while adjudicating upon a petition under Section 14(1)(j) of the Delhi Rent control Act, 1958 (for short the 'Act'), directed the tenant-respondent herein to remove the parchhati within one month failing which the eviction order under Section 14(1](j) of the Act would become effective.

(2.) Brief facts of the case, as noted by the Tribunal, are as follows :

(3.) It was contended by counsel for the appellant that a parchhati has been erected by the tenant-respondent for creating additional accommodation equivalent to the room below by puncturing walls, placing girdles in them, covering it with wood and plywood flooring and converting the same into a separate room. He submitted that the very fact that a parchhati/mezzanine floor has been created, causes substantial damage to the premises in question inasmuch as the walls which are otherwise built to withstand a greater load have now to withstand greater load besides being punctured with holes to support the girdles.