NARAIN SINGH Vs. BAKSON LABORATORIES

JUDGEMENT

(1.) Whether the unauthorised permanent conversion of verandahs into rooms and the installation of a door by a tenant, are acts likely to impair materially the value or utility of the demised premises within the meaning of Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949, is the somewhat interesting question which has necessitated this reference to the Division Bench.

(2.) At the revisional stage the matrix of facts giving rise to the aforesaid issue are not in serious dispute and may, therefore, be briefly noticed. Narain Singh petitioner (now deceased) had preferred a petition for ejectment against Messrs. Bakson Laboratories and its sole proprietor Shri R L. Soni from Bungalow No. 456-L, Model Town, Jullundur. Amongst various other grounds it was specifically alleged that the respondent had covered the verandahs on the front and back sides of the bungalow and had opened a door by breaking a wall of a room and thus diminished the value and utility of the premises and further that their presence was a nuisance to the petitioner and his neighbours. In contesting the ejectment petition the respondent had admitted the tenancy and had controverted the allegations in the petition. On the pleadings of the parties the following issues were framed:-

(3.) On appeal, the appellate authority took the view that the only ground surviving was with regard to the material impairment of the value and the utility of the demised premises. It was observed as follows:-