BAS DEO GUPTA Vs. SAVITRI DEVI

JUDGEMENT

(1.) -Heard learned counsel for the petitioner and perused the records.

(2.) THE petitioner is a tenant of a house situated in the city of Banda on rent @ Rs. 35 per month. He made material alterations in the tenement by covering the verandah into a room by enclosing it with a wall.

(3.) ADMITTEDLY by enclosing the verandah and converting it into a room not only the utility of the building has diminished as verandah was a source of light and fresh air to entering rooms but enclosed the structural beauty of the building has been affected which has defaced its locality diminishing its value. Value may not mean only rise or fall in cost of the building. It also means other values also, e.g., if a tenant constructs a room in the lawn the value of the room may add to the cost of the building but may reduce the value due to disfigured of the building and the utility of the lawn. Similarly enclosing the verandah by wall and constructing it into a room also disfigures the building and reduces its value and utility for the landlord. Converting verandah into a room in my opinion is a material alteration. It is for this reason the Legislature in its wisdom has been cautious to provide that no material alteration is to be made by the tenant by which the value of the tenement is reduced by disfigure by the construction/material alteration made by the tenant.