PARAS NATH DIGAMBER JAIN SABHA Vs. OMKAR NATH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition by the landlord is directed against a revisional order dated 26.5.2001 by which the tenant's revision against eviction decree has been allowed and the suit has been dismissed.

(3.) It appears that the Respondent was allotted a portion of house consisting of a room on the ground floor and another over it, apart from a godown etc. on 30.8.1978 at the rate of Rs. 20.50 per month but immediately after taking possession he allegedly started making material alterations resulting in the complete destruction of the godown and part of the room in September, 1978 itself and when he started raising fresh constructions in 1981, the Petitioner landlord was forced to file a Suit No. 453 of 1981 for injunction which though was subsequently dismissed and in the meantime the tenant completed the entire constructions to his own satisfaction and thereby not only he disfigured it but diminished its utility, etc. forcing him to file the S.C.C. Suit No. 16 of 1984. The Respondent tenant contested the suit inter alia on the ground that the constructions had been completely destroyed in floods and despite notice to the landlord when he did not make constructions he himself completed it by utilising his own money and the constructions were neither material nor diminished the value or its utility.