SHRIMATI NARINDER KAUR & OTHERS Vs. ARJAN DASS

JUDGEMENT

(1.) This is a landlords' revision petition against the judgment of the Appellate Authority confirming the decision of the Rent Controller, who dismissed the ejectment application filed by the landlords against the tenants.

(2.) Hazara Singh, predecessor-in-interest of the petitioners, filed an application under Section 13 of the East Punjab Rent Restriction Act (hereinafter called 'the Act') on the allegations that he was the landlord of the premises in suit under, rent-note dated the 17th of May, 1955, at a monthly rent of Rs. 45/- per mensem. He mentioned a number of grounds for ejectment of the tenants from the premises in dispute. The same had been reproduced in extenso in the judgment of the Appellate Authority. During the pendency of the application, Hazara Singh died and he was succeeded by the present petitioners. The Rent Controller dismissed the ejectment application. The appeal filed by the petitioners was rejected by the Appellate Authority. The petitioners have come up in revision against these orders.

(3.) Mr. M.L. Sarin the learned counsel for the petitioners has argued that the learned Appellate Authority gave finding that the respondent-tenants made additions and alterations in the premises in dispute but dismissed the appeal, because according to him the addition and alterations had been made by the tenants before the coming into force of the Act. For that reasons, he did not go into the question as to whether these Acts were likely to impair materially the value of utility of the demised premises. The learned counsel contended that the Appellate Authority had gravely erred in not ordering the ejectment of the tenants after coming to a finding that the alterations and additions had been made in the premises in dispute.