RANI DEVI Vs. RAKAM SINGH AND ANOTHER

JUDGEMENT

(1.) Heard Shri Siddhartha Singh, the learned Counsel for the Petitioner and Shri Lok Pal Singh, the learned Counsel for the Respondents.

(2.) The Petitioner is the landlord and had filed the suit for eviction Under Section 20(2)(c) and (d) of the U.P. Act No. 13 of 1972 alleging therein that the tenant was not only in arrears of rent but also made material alterations in the building in question which has resulted in diminishing the value of the building. The tenant resisted the suit and contended that the building was let out not only for residential purposes but also for business purposes and that he had not made any material alterations and, that the constructions raised in the open space were only temporary in nature.

(3.) The trial court, after considering the evidence, held that the building was let out only for residential purposes and that the tenant had made material alterations in the open space by making construction for keeping the fodder and water for the cattle and was illegally using it for dairy business. The trial court, consequently, held that the tenant was using the premises which was inconsistent with the usage of the property and that the alternations made by the tenant had diminished the value of the building. The trial court, accordingly, decreed the suit. The tenant, being aggrieved, filed a revision Under Section 25 of the Provincial Small Cause Courts Act.