KULJIT SINGH SEHGAL Vs. GUPTA AGENCIES

JUDGEMENT

(1.) The petitioner of this Revision Petition is the land-lord and the respondents are tenants. Petitioner filed an eviction petition before the Rent Controller. The eviction petition was dismissed on 21.3.1983. Appeal filed against the same was also dismissed on 2.8.84. Petitioner came in revision to this court. The same was decided on 27.1.1992 and this court remanded the matter to the Appellate Authority with the direction for allowing additional evidence. The Appellate Authority got the evidence recorded by the Rent Controller. It may be mentioned that the Rent Controller had held that it is not proved that respondents raised the additional structure after the creation of tenancy and that there was no hesitation in observing that the back court-yard was already covered when the premises were let out to the respondents. After recording of the evidence, the appeal was again dismissed on 17.5.1995 and hence this revision petition.

(2.) The premises was let out to the respondents in the year 1979. It consisted of three floors. The ground floor was to be used for business and first and second floors for residential purpose. The possession was sought for on the following grounds :-

(3.) In this revision petition, counsel for the petitioner advanced argument only qua the first and third grounds, therefore, I shall deal with these grounds only. I shall first deal with the ground regarding the construction of the back court yard and impairing the value and utility of the building. The pleading of the petitioner in this regard is as under :-