ZUBEDA KHATOON Vs. VIITH ADDL DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) The fate of this writ petition hinges on the reply of the question as to whether the constructions raised by a tenant which has not reduced the utility of the premises can be a ground for eviction in a suit filed by the landlord.

(2.) Section 20 (2) (c) of the U. P. Act No. 13 of 1972 provided that if the tenant has, without the permission in writing of the landlord, made or permitted to be 'made any such constructions or constructed or made structural alteration in the building, as is likely to diminish its value or utility or it disfigures, a suit for eviction can be filed on that ground. The words 'like to diminish its value or utility or to disfigure' are of paramount importance meaning thereby that a structural alteration in the building in the tenancy within the meaning of the aforesaid provision, should be as such which has diminished the value or utility or disfiguring of the accommodation under the tenancy of a tenant, cannot be a ground for eviction if such structural alterations have been made by a tenant without the permission in writing of the landlord then the tenant can be evicted.

(3.) The word 'disfigure' has not been defined in the Act. According to Webster's Dictionary "disfigure" means, "To make less complete, perfect or beautiful or defence, deform or disguise by changing the figure or appearance" Deform--to spoil the form or shape of, to distort, mar the excellence or perfection. Deface--To destroy or mar the face or external appearance, injure, spoil or mar by effecting important features or portions. Thus, the word 'disfigure', as a common man understands, means that it has spoiled the external appearance of the building.