UMESH KUMAR Vs. ARUN KUMAR AND OTHERS

JUDGEMENT

(1.) Heard Sri Atul Dayal, learned counsel for the petitioner and Sri Anoop Trivedi, learned counsel for the respondents. This is a tenant's writ petition arising out of the ejectment proceedings initiated by respondent No. 1-landlord of the premises in dispute on the ground of default in payment of rent and structural alteration. It was pleaded that on the north side of shop in dispute there was an adjoining vacant land having no passage for egress and ingress being surrounded by other shops and constructions. The petitioner-tenant after opening a door in the northern wall, installed a window and western wall was removed to install a gate and thus making an entry to the said open land, constructed one room on the open land. He also laid a low rise roof below the original roof in the disputed shop and thereby disfigured and structurally altered a 45 years old construction, resulting in diminishing and altering its value.

(2.) The trial court vide judgment dated 30.7.2011 decreed the suit directing petitioner-tenant to vacate the premises in dispute. The suit was decreed on the ground of structural alternation, i.e., a ground under Section 20(2)(c) of U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972"). On the question of default in payment of rent the findings were recorded in favour of tenant.

(3.) The petitioner-tenant filed S.C.C. Revision No. 16 of 2011 but the same was dismissed by revisional court vide judgment dated 3.9.2012.