BECHAN LAL AGARWAL Vs. DISTRICT JUDGE AZAMGARH

JUDGEMENT

(1.) ANJANI Kumar, J. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-landlord challenges the order dated 18th December, 1991, passed by the Revisional Court/district Judge, Azamgarh, copy whereof is annexed as Annexure-'iv' to the writ petition, whereby the Revisional Court allowed the revision filed by the contesting respondent-tenant (defendant in the suit) and set aside the judgment and decree dated 3rd December, 1990, passed by Judge Small Cause Court.

(2.) THE facts leading to the filing of present writ petition are that the petitioner-landlord filed a suit for ejectment against the respondent-tenant from the accommodation in question on the ground that the tenant is default and has not paid the rent since February, 1968 in spite of demand being made and further that the tenant made structural changes in the building under tenancy, according to which the value and utility of the building has been diminished. THE Trial Court tried the suit and on the basis of evidence on record arrived at the conclusion that the tenant- respondent is entitled to benefit of Section 20 (4) of the U. P. Act No. XIII of 1972 (in short 'the Act'), and even if he was in arrears of rent, the petitioner-landlord is entitled to get only possession of the accommodation in question and is not entitled to receive the rent. On the question of material structural alteration, the Trial Court found that the alterations are such which cannot be sad to be alteration amounting to diminishing the utility and value of the accommodation in question, therefore, the Trial Court vide order dated 3rd December, 1990 decreed the suit on the ground of structural alterations.

(3.) IN view of what has been stated above, this writ petition succeeds and is allowed. The order dated 18th December, 1991, passed by the Revisional Court (Annexure-'iv' to the writ petition) is set aside. The matter is remanded back to the Revisional Court to decide the controversy in accordance with law and in the light of the directions issued by the Apex Court in its judgment dated 20th March, 1995 within a period of six months' from the date of presentation of a certified copy of this order before. IN the facts and circumstances of the case, there will be no order as to costs. Petition allowed. .