BRAHAM SARUP Vs. KIRORI MAL RAM CHANDER

JUDGEMENT

(1.) BOTH the revision petition, i. e. C. R. No. 2266 of 1988 and C. R. No. 3450 of 1989, have been preferred by the landlord whose ejectment petitions were dismiss- ed by the Authorities below for the ejectment of tenants from two- different shops.

(2.) THE ejectment of the tenants from 'the aforesaid two shops- was claimed by the landlord (petition herein) on the ground that the tenants have materially impaired the value and utility of the shops in their occupation. It was alleged by the landlord that there was a 2 ft. wide and 8 ft. long chabutra in front of the shops and the tenants after taking the land measuring 6' x 7' from the Municipal Committee on teh bazari, have raised a pacca platform (Chabutra) in front of the shops and have enclosed these platforms and chabutra from both sides and roofed it and put a rolling shutters in front of the enclosure without the permission of the landlord.

(3.) THE allegations made in the ejectment petitions were controveiled by the tenants, who submitted that the alleged alterations are in existence for the last many years, and these alterations were in the knowledge of the landlord who never objected to the same. It was also stated that nine other similar shops in the row in which the shops in dispute are situated, have tin-sheds like the shops in dispute.