YASH PAL Vs. PARKASH WATI AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed by Yash Pal (hereinafter described as "the petitioner") directed against the judgment of the learned Appellate Authority, Jalandhar, dated 16.3.1989. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Jalandhar, dated 20.5.1988. Instead, a petition for eviction was dismissed.

(2.) THE relevant facts are that the petitioner -landlord filed eviction application against the respondent -tenant with respect to the suit property describing the same to be comprising of four rooms, two kitchens and a verandah. The sole surviving ground pressed has been that the said property in question was let to the respondent -tenant for residential purposes but he had impaired the value and utility of the property by his acts. Without the consent of the landlord, he had installed a sewerage connection of latrine in one of the kitchen. In other words, he had converted the said kitchen into a latrine and had also dug a pit in the courtyard for the disposal of night -soil.

(3.) THE learned Rent Controller after recording of evidence held that the respondent -tenant has converted one of the kitchen into latrine and in this process has impaired the value and utility of the premises in question.