BHUPINDER SINGH Vs. J.L. KAPOOR

JUDGEMENT

(1.) THIS revision petition has come up before us for decision keeping in view the conflict of decisions of this Court in Siri Ram v. Smt. Shila Rani, 1982 PLR 591 : 1982(1) RCR 613 and Sadhu Ram v. Niranjan Dass and another, 1983(2) Rent Control Reporter 446. In the former case the Hon'ble Judge took the view that unauthorised construction by a tenant would itself amount to material impairment of the value and utility of the demised premises. On the other hand in Sadhu Ram's case (supra) the view taken is that any construction raised by the tenant by itself would not entitle the landlord to claim his ejectment unless is further proved that such a construction has materially impaired the value and utility of the demised premises.

(2.) IT would be expedient to collate the facts as found on appreciation of evidence by the authorities below and not challenged during the course of arguments.

(3.) THE Rent Controller as well as the Appellate Authority came to the conclusion, from the facts brought on record as reproduced above, that the alterations amounted to impairing the value and utility of the demised premises and, therefore, the tenant was liable to be ejected.