YUSUF ALI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Km. Shaili Saxena, Advocate holding brief on behalf of Sri Vipin Sinha, learned counsel for the petitioner and Sri A.K. Goel, Advocate for respondent no. 2.

(2.) The dispute relates to a shop No. 251 situated at Mohalla Bazar Shahdana Road, Bareilly. The petitioner is the landlord of aforesaid shop and respondent no. 2 is tenant. The shop had two portions. On the back side, there was a covered room having a door and on the front side also it has a separate room with the door open on the road side.

(3.) The petitioner-landlord filed Suit No. 98 of 1991, seeking a decree of eviction of respondent-tenant from shop in question on the ground that he has made material alteration by demolishing the partition wall and door from back side room in the shop and has raised a new construction, making the two portions of shop as one and thereby not only has diminished its value but even the construction has been weakened and shop's utility and value has been reduced. The entire alteration has been made without any authority and consent of landlord and this alteration also caused the landlord to face a litigation with Bareilly Development Authority. On account of damage and material alteration to the accommodation in question the tenancy of respondent no. 2 was terminated vide notice dated 13.08.1991. which the tenant refused to receive and it was returned back with endorsement of refusal by postal department.