P R SUBA LAKSHMI Vs. BRIJ MOHAN SHARMA

JUDGEMENT

(1.) This second appeal arises from the order dated 18thMay, 1998 passed in RCA No. 330/1996 which was preferred by the tenant appellant against the. order dated 22/1d March, 1996 passed by then Addl. Rent Controller dismissing the objections -of the appellant and pursuant to that an eviction order was deemed to have been passed after the expiry of three months from the date of judgment dated 10th August, 1989 passed by the then Rent Control Tribunal in RCA No. 443/1987. The foundation of the respondent/landlords case against the petitioner was that the tenant appellant had failed to restore the tenanted premises to its original shape by removing unauthorised additions and alterations made in the tenanted premises in spite of directions of the Rent Control Tribunal dated 10th August, 1989.

(2.) The relevant facts briefly stated are as follows:

(3.) The main plea' raised in the present appeal is that the Tribunal has wrongly found the non-compliance of the direction dated 10th August, 1989 and erred in holding against! the appellant that wall AC and the loft of the kitchen has not been demolished. In order to understand the grievance raised by the. appellant, it is necessary to extract the findings made by the Additional Rent Controller in respect of purported compliance of the directions of the Rent Control tribunal dated 10th August, 1989 for removal of certain portions of the premises under Section 14(1 )(J) of the Act dated 10th August, 1989. The learned Additional Rent Controller by its order dated 22nd March, 1997 in, execution had given detailed reasons by discussing the evidence and has considered the report of the Local Commissioner and had perused the photographs produced by the Local Commissioner. The relevant portion of the judgment of the Additional Rent Controller reads as follows :