SHAKUNTALAL 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(l)(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(l)(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.