MILKHI RAM YOG RAJ Vs. TARSEM LAL

JUDGEMENT

(1.) THIS is a tenant's revision petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act') challenging the judgment and order dated 25.2.1985 passed by the Appellate Authority, Jalandhar. The Appellate Authority has accepted the appeal of the landlord-respondents against the order dated 23.4.1984 passed by the Rent Controller and has allowed the ejectment application with a direction to the tenant-petitioners to vacate the premises within a period of two months.

(2.) THE short question which falls for consideration in this petition is as to whether construction of Bhathies and water tank on this first floor of the demised premises without any permission from the landlord-respondents would impair the value and utility of the premises and, therefore, the tenant- petitioners would be liable to be ejected. In paragraph 13 of the order passed by the Appellate Authority some judicial precedents have been quoted to support the conclusion that the burning of 20 kilogram coal in the Bhathies every day on the first floor would have damaging effect on the roof and adjoining walls. It has further been held that there would be likelihood of expansion of iron rods if the roof is having lintel. If the roof is made of wooden ball as (logs) and iron girders, the effect of the heat would be even more damaging. The Appellate Authority has also relied upon a clause in the initial rent note executed in 1958 which provided that tenant-petitioners would not construct and burn Bhathies in the premises. No written permission was sought in this regard in the rent note dated 15.7.1971. The view of the Appellate Authority in this regard reads as under :-

(3.) I have thoughtfully considered the submissions made by learned counsel for the tenant-petitioners and do not feel persuaded to take a view different than the one taken by the Appellate Authority. Section 13(2)(iii) of the Act reads as under :-