M.G. DUTTA Vs. MAYA DEVI

JUDGEMENT

(1.) THIS revision has been filed by the landlord, who lost his cause before both Rent Controller and the Appellate Authority as the petition for eviction filed by him under Section 13 of the East Punjab Rent Restrictions Act on the grounds of non-payment of rent and carrying out material alterations in the demised premises was dismissed and so was the fate of appeal that was carried against the orders of Rent Controller. Concededly, the surviving ground is material alterations. On the issue aforesaid, learned Appellate Authority held as follows :

(2.) LEARNED counsel for the petitioner contends that by virtue of agreement between the parties, Ex.R1, tenant was permitted to carry out repairs only whereas dalan and back wall have in fact been reconstructed. Learned counsel has also drawn attention of the court to Ex.A1 and A2 which shows the position of building before and after letter Ex.R1 dated 10.7.1982 came into being. It could not be disputed during the course of arguments that there is no change insofar as building is concerned, be it Ex.A1 or Ex.A2. In other words, there is no change in rooms, verandah and other construction. In that context, reconstruction of dalan and back wall has since been consented to in writing by petitioner landlord which would be clear from Ex.R1 and a portion of which has been extracted above. There was, thus, a written consent for alterations and it can not be said that permission was only for carrying out necessary repairs.

(3.) FINDING on merit in this petition, I dismiss the same leaving, however, the parties to bear their own costs. Petition dismissed.