RAM CHAND Vs. GURBAX SINGH DUGGAL

JUDGEMENT

(1.) RESPONDENT -landlord Gurbax Singh Duggal filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') seeking the eviction of petitioner-tenant Ram Chand, inter alia, on account of non-payment of rent and on account of making additions and alterations which had resulted in material impairment in value and utility of the premises.

(2.) IN so far as the question of non-payment of rent is concerned, issue Nos. 1, 2 and 3 were framed by the Rent Controller and decided against respondent- landlord Gurbax Singh Duggal. The conclusion drawn on the issues of non- payment of rent has become final since the same was never challenged.

(3.) IN so far as the aforesaid additions and alterations are concerned, it was the case of the petitioner-tenant before the Rent Controller that the said additions and alterations had been made prior to the execution of the tenancy in his favour and, therefore, he could not be made liable for the consequences arising out of the alleged alterations. The Rent Controller relying on the statement of the Local Commissioner arrived at the conclusion that the alleged alterations had been effected 5/7 years before the inspection of the premises by the Local Commissioner, whereas the tenancy in favor of the petitioner- tenant was executed about 20/25 years before the filing of the ejectment application. There being no evidence to the contrary, the Rent Controller arrived at the conclusion that the alleged alterations had, in fact, been carried out by the petitioner-tenant. Having arrived at the aforesaid conclusion, the Rent Controller further held that the alleged alterations amounted to material impairment in value and utility of the premises and, accordingly, by an order dated 30.9.1981, allowed two months' time to the petitioner-tenant to vacate the premises.