HIMMAT SINGH Vs. SAKTU RAM BHATNAGAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition is directed against order dated 17.11.2011 passed by J.S.C.C./A.D.J. Court no.3, Muzaffarnagar in S.C.C. Suit no.30 of 2009, Saktu Ram Vs. Himmat Singh. Through the impugned order application filed by plaintiff respondent for amendment in the plaint has been allowed.

(3.) The suit has been filed by the landlord respondent against tenant applicant for his eviction and for recovery of arrears of rent. The amendment was to the effect that during pendency of the suit defendant had substantially damaged the tenanted shop in dispute and had made structural changes therein and the said acts were done by the defendant on 14/15 May 2010 and thereafter the tenant had put a slab in front of the door and had elevated the floor. Under Section 20(2)(b) and (c) of U.P. Act no.13 of 1972 tenant is liable to eviction on the ground of structural changes material alteration in and substantially damage to the tenanted building.