MOHAN DEVI Vs. SHRI PAL

JUDGEMENT

(1.) THE landlord -petitioner filed an application for the ejectment of his tenant respondent from a shop situated in Main Bazar, Faridkot, inter -alia, on the ground that he, by blocking the passage to the roof of the shop has materially impaired the value and utility of the premises. The application was resisted by the tenant and it was pleaded that a movable almirah has been placed outside the shop during business hours and the staircase is included in the tenancy He further pleaded that the roof of the shop is a part of the demised premises and the landlady has no right to stop the tenant from the use of the roof. The Rent Controller accepted the plea of the landlord as it came to the conclusion that the landlady has a right to raise the construction on the roof which she could not make without the use of staircase, which has been blocked by the tenant by keeping the almirah there, and thus in his view it has materially impaired the value and utility of the shop. On these basis, the ejectment of the tenant was ordered. On appeal, the Appellate Authority has reversed this finding of the Rent Controller. It came to the conclusion that the tenant has not committed such acts as are likely to impair materially the value of the shop. Feeling aggrieved against this, the land -lady has come in revision to this Court.

(2.) THE learned counsel for the petitioner contended that the tenant has fixed with nails a wooden almirah or show -case there and has, thus, thereby blocked the stair -case. According to him, this will amount to materially impairing the value and utility of the building and the tenant is liable for ejectment on this ground. In support of this contention, he referred to Civil Revision No. 737 of 1966 (Gopi Ram v. Prem Kumar and others), decided on 30th October, 1968.