KALAWATI Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, holding brief of Mr A.K. Gupta, for the petitioner and Sri M.K. Gupta for the respondent.

(2.) The respondent-landlord filed a suit for eviction of the petitioner from the accommodation in question on various grounds, including default in payment of rent and material alteration, i.e. the grounds falling under Sec. 20(2)(a), 20(2)(b) and 20(2)(c) of UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short, the Act of 1972).

(3.) The trial court dismissed the suit on the finding that there is no evidence to prove default on the part of the tenant in payment of rent. The revisional court, however, set aside trial court's judgement dated 16.11.2000, holding that there is default by short payment of rent and other expenses for the period of May, 1992, and that there is material alternation diminishing the value of property in question.