R.A. SAMUEL Vs. VIITH A.D.J.

JUDGEMENT

(1.) THIS is tenant's writ petition arising out of suit for eviction filed by landlords -respondent Nos. 3 to 5 against him on the ground of substantial damage to the building and construction which diminished value and utility of the building in dispute and disfigured it. On this ground ejectment of the tenant is permissible under section 20(2)(b) and (c) of U.P. Rent Regulation Act (U.P. Act No. 13/72). Suit was registered as Original Suit (S.C.C. Suit) No. 648/78. J.S.C.C. Meerut decreed the suit on 2.8.1986 against which tenant -petitioner filed S.C.C. Revision No. 227/86, VIIth A.D.J. Meerut on 17.2.1989 dismissed the revision -hence, this writ petition. Regarding material alteration the Courts below held that open portion of the tenanted accommodation was covered with the written permission of the landlord. Both the Courts below decreed the suit on the finding that portion of a wall was demolished and Jangla was affixed therein. According to the Courts below this was covered by Clauses (b) and (c) of section 20(2) of U.P. Act No. 13/72. It has been held in M/s. Bharat Iron Mfg. Works v. K.B. Goel : 1982 (1) ARC 214 (para. 6) : 1982 (8) ALR 167 that removing few bricks from a wall and affixing iron bars therein is not covered by any of the aforesaid clauses of section 20(2) of the Act.

(2.) ACCORDINGLY , writ petition is allowed. Both judgment and order passed by the Revisional Court as well as the judgment and decree passed by the J.S.C.C. are set aside. Suit of the plaintiff is dismissed. I have held in Khursheeda v. A.D.J. : 2004 (54) ALR 177 : 2004 (13) AIC 42 that while granting relief against eviction to the tenant in respect of building covered by Rent Regulation Act writ Court is empowered to enhance the rent to a reasonable extent. Accommodation in dispute is situate at New Market Begum Bridge, Meerut City. Rate of rent is Rs. 60/ - per month. Accordingly, it is directed that w.e.f. July 2005 onwards tenant -petitioner shall pay rent to the landlord -respondent at the rate of Rs. 650/ - per month.