SHIV RAM Vs. SHAM LAL

JUDGEMENT

(1.) THIS petition has been filed by the landlord against the order dated 11.9.1987 passed by the Appellate Authority under East Punjab Urban Rent Restriction Act, 1949, whereby the order dated 12.10.1983 of the Rent Controller, ordering the ejectment of the tenant-respondents, has been set aside.

(2.) THE facts leading to the case are that Shiv Ram (now represented by his legal-representatives) filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short - Act) for ejectment of the respondents i.e. Sham Lal and M/s Punjab Oil Store through Sham Lal on the ground of non-payment of rent and making the material alterations, which diminished the value and utility of the building without the permission of the landlord. It is alleged that the respondent made material alterations by converting a room into two rooms and fitting a door therein to the newly constructed room. The shop as detailed in the head note of the Rent Petition was let out to the respondent at a monthly rent of Rs. 50/- sometime in the year 1968.

(3.) THE petitioner filed replication and it was stated that the respondent was guilty of making material alterations which decreased the value and utility of the rented premises and that the premises depicts a quite different look.