SRIMATI BHOJ KUNWAR Vs. RAM KUMAR AGARWAL

JUDGEMENT

(1.) - This is a landlord's second appeal whose suit for ejectment was decreed by the trial court but dismissed by the lower appellate court. The accommodation in question was governed by the provisions of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (to be herein after called as the old Act) which has since been repealed.

(2.) The suit out of which the appeal has arisen was however filed before that repeal. The ground on which the ejectment of the tenant was sought was that he had without the permission in writing of the landlord made constructions which had materially altered the accommodation and thereby incurred liability to ejectment under Sec. 3 (1) (c) of the Act. The construction that had been made by the defendant without the written permission of the plaintiff consisted of enclosing a small Chabutra existing inside the courtyard by walls and thereby converting it into a bathroom. Formerly that Chabutra was used for bathing purposes. Secondly he fixed up a hand-pipe in the courtyard for the purpose of taking out water from it. Thirdly the Chabutra which had loose bricks and the boys used to take away the bricks of that Chabutra were pointed with cement and on three sides of this Chabutra walls were raised Fourthly he divided two rooms into four rooms by constructing partition walls it those rooms. Lastly he removed some windows of these rooms and replaced them by doors and a door was absolutely closed with bricks.

(3.) Both the trial court and the lower appellate court were of the opinion that the first three alter nations made by the defendant did not amount to material alterations within the meaning of Sec. 3(1) (c) of the old Act. The learned Munsif was however of the opinion that the last two alterations amounted to material alteration. He expressed himself in these words: