RAJ KUMAR Vs. RAM KANWAR

JUDGEMENT

(1.) This petition for revision is directed against the order of the Appellate Authority under the East Punjab Urban Rent Restriction Act, 1949 , dated 7th of November, 1970, whereby the order of the Rent Controller directing the petitioner to vacate shop No. 15 in the Aggarwal Market, Gurgaon, has been upheld. The petitioner's eviction has been ordered on the grounds : (i) that he had sublet the premises to Shyam Sunder, respondent 2, and (ii) that he had impaired the value and the utility of the premises by putting structure on the platform in front of the shop.

(2.) In assailing the order of eviction, Mr. A. N. Mittal who has argued the case for the petitioner, contends that apart from the fact that the findings arrived at by the Courts below cannot be sustained if the evidence is reassessed by this Court, the plea of subletting could not he entertained in this case as on a previous application by the landlord this plea had been turned down Reference in this connection is made to the order of the Rent Controller dated the of January, 1969 Exhibit D. 3. On reference to this order find that the same plea of subletting was taken by the landlord but it was found against him. The judgment being inter parties, this finding cannot be sustained.

(3.) Even after ruling out the plea of sub-letting, I, however, find that the impugned order must be upheld on the ground that by making construction on the platform attached to the shop in dispute be bad committed an act which is likely to impair materially the value and utility of the premises. There is concurrent finding recorded by the Rent Controller and the Appellate Authority that the present petitioner had erected two walls 10 feet high on the platform and covered the Fame with tin sheets and that thereby lie had diminished the utility and impaired the value of the premises. The relevant allegations made in this connection by the landlord are contained in paragraph 2 (ii) of his application. They run thus :