ASHOK KUMAR Vs. ADDITIONAL DISTRICT JUDGE BAREILLY

JUDGEMENT

(1.) THE writ petition is directed against the order dated 4th September 1915, passed by IInd Addl. District Judge, Bareilly, dismissing the revision of the petitioners against the order of the Judge, Small Causes Court, Bareilly, whereby the suit against the petitioners was decreed for their ejectment from the premises In question.

(2.) THE petitioners were tenants of premises in question comprising of the shops in the shape of two separate apartments with intervening wall and two kothas on the rear side adjacent to the intervening wait situated In Gangapur locality of Bareilly town. THE respondents 3 and 4 filed S.C.O. suit no. 249 of 1978 for arrears of rent against the petitioners and the respondents 5 to 8 on the allegation that the tenants made material alterations in the premises in question by removing the intervening wall which separated two shops on the front side besides opening a door in the connecting wall between the two kothas on the rear side and thereby diminished the value of the disputed premises It was further asserted that the floor of the front shop was also erased and uprooted and brought to lower level besides the tenant damaged the corner wall of the disputed premises by installing electric angle for taking the electric connection This coused substantial damage to the disputed premises. THEse material alterations and damage to the building in the suit were brought about by the defendants without consent of the landlord. With the result they became liable for eviction under the provisions of section 20 (2) (b) and (c) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act').

(3.) I have heard learned counsel for the parties.