RAMJAS MAL Vs. JUGAL KISHORE

JUDGEMENT

(1.) THIS judgment would dispose of Civil Revision No. 1229 of 1985 and Civil Revision No. 1825 of 1985 as in both the petitions the common judgment rendered by the Appellate Authority has been made subject matter of challenge.

(2.) THE brief facts are that the landlord rented out the demised premises to Chiranji Lal father of Ramjas Mal the principal tenant at a monthly tenancy of Rs. 25/- P.M. and after the death of his father, he continued as a tenant. Initially, the tenancy was created for a period of one year, but after the expiry of the said period the tenant became a statutory tenant. The application for eviction has been filed on three grounds :

(3.) SO far as material impairment is concerned the plea did not find favour with the Appellate Authority and it has been categorically observed that it is not discernible from the evidence as to who had made such changes, whether the tenant had carried out these changes or the landlord himself had carried out the said changes. In this regard, reference has been made to the statement of Ramjas Mal, RW2 wherein he has tried to prove that changes were made after the tenancy had been created. In this regard the other evidence has also been referred to the effect whether the existence of Chabutra has been proved. However, the demolition of the same has also not been established by a cogent piece of evidence. The Appellate Authority ordered the eviction of the tenant vide judgment dated 4.3.1985.