BALDEV SINGH Vs. WARYAM SINGH

JUDGEMENT

(1.) THE present revision petition has been filed by Baldev Singh (hereinafter described as "the petitioner") directed against the judgment of the learned Appellate Authority, Gurdaspur, dated 26.5.1989. The learned Appellate Authority had set aside the order passed by the learned Rent Controller, dated 9.11.1987 and instead passed an order of eviction against the petitioner.

(2.) THE relevant facts are that the respondent-landlord Waryam Singh had filed a petition for eviction against the petitioner-tenant from the shop in dispute. The surviving ground which requires consideration is as to if the petitioner-tenant has made material additions and alterations in the property without the written consent of the respondent-landlord. As per respondent- landlord, the petitioner-tenant has broken the original door and has raised the walls in the verandah and shutter has been placed in the verandah on the railway road side. It has materially impaired the value and utility of the property.

(3.) THE learned Rent Controller framed the issues and concluded after recording of evidence that there was no cogent evidence to prove that additions and alterations have been effected by the petitioner or that it has impaired the value and utility of the property. The petition for eviction was dismissed.