NIRMALA Vs. ISHWAR CHANDER

JUDGEMENT

(1.) THE father-in-law of Smt. Nirmala had let out the premises in dispute to Ishwar Chand as a tenant. On the death of her father-in-law, Smt. Nirmala became the landlord. She filed a petition for ejectment against the tenant on 18th October, 1972, on three grounds, namely (i) of being in arrears of rent from 1st November, 1971 onwards at the rate of Rs. 15 per mensem; (ii) the tenant having installed heavy machinery in the premises which was causing damage to the premises and; (iii) of making material alterations in the premises which were of far reaching nature having materially impaired the value and utility of the premises let. The material alterations were specified in the petition as follows :-

(2.) ON the contest of the parties, the following issues were framed :-

(3.) THE Rent Controller believed the statements of A.Ws 1 to 3 and 5 when they stated that the front portion of the shop was an open space which was also converted into a room and the door which was fixed in the original premises was removed therefrom and a new door was put on the newly built portion right on the street and held that impairment and utility of a building had to be examined from the point of view of the owner and not from that of the tenant and viewing the evidence from that angle, it was concluded, that the tenant had material impaired the value and utility of the building. The Rent Controller had followed a decision of this Court in Siri Krishan v. Jhabu Ram, 1969 P.L.R. 39. On facts, the Appellate Authority also came to the following conclusion :