DALIP SINGH Vs. SMT. DROPADI DEVI

JUDGEMENT

(1.) Dalip Singh, the applicant is tenant of a shop of which Smt. Dropadi Devi, the opposite party is the owner. A suit, inter alia, for the ejectment of the applicant from the shop aforesaid was filed by the opposite party. It was alleged in the suit that apart from being in arrears of' rent with effect from April 1, 1969, the defendant-applicant had also materially altered the accommodation and caused substantial damage to it and had, therefore, rendered himself liable for ejectment from the shop. The applicant denied the allegations particularly in regard to material alteration and substantial damage to the shop.

(2.) The parties were at issue on the question as to whether the disputed shop was a pre-1951 construction or was constructed subsequent thereto. It was found by the Judge, Small Causes, who tried the suit that the shop in dispute was a post 1951 construction and that, therefore, the provisions of U. P. Act No. III of 1947 were not applicable to it. He also found that the applicant was in arrears of rent to an extent of Rs. 468.83.

(3.) The question about which there was real contest between the parties was as to whether the defendant-applicant had materially altered and caused substantial damage to the accommodation in suit and whether he was liable also for compensating the plaintiff-opposite party for the damage done to the building.