JIWAN DASS Vs. RAJ RANI

JUDGEMENT

(1.) THIS petition filed under Sub-section (6) of Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for brevity 'the Act') by the landlord-petitioner challenges the judgment of the Appellate Authority, Rohtak dated 7.12.1985, whereby the findings of facts on the issue as to whether the tenant-respondents have impaired the value and utility of the premises in question were reversed and the application of the landlord- petitioner for ejectment of the tenant-respondent was dismissed. It is pertinent to mention that the Rent Controller in his order dated 27.11.1984 had held that the tenant-respondent has caused material alterations to the demised premises, which has resulted in impairing the value and utility of the property and the tenant-respondent is liable to be evicted under clause (iii) of sub-section (2) of Section 13 of the Act.

(2.) THE facts in brief necessary for deciding the controversy raised in the instant petition are that the landlord-petitioner filed an application under Section 13 of the Act seeking ejectment of the tenant-respondent from the demised premises alleging the arrears of rent and details of material alterations resulting in impairment of value and utility of the demised premises. The allegations as specified in the application of the landlord- petitioner read as under :-

(3.) THE only ground on which the parties litigated in the Courts below was as to whether damage caused to the premises in dispute has materially impaired its value and utility. The Rent Controller after detailed examination of the evidence came to the conclusion that the damage to the wall because of installation of hand pump, closure of verandah by raising a wall and demolition of projector would tantamount to causing damage to the premises because all witnesses examined on behalf of the landlord-petitioner had stated that those acts of the tenant-respondents would impair the value and utility of the premises. The principal reliance of the tenant-respondents was that in the earlier litigation AW-1 Ganga Ram Maini, retired Executive Engineer had also submitted a report concerning the condition of the building and the same report is stated to be relied upon by the landlord-petitioner in the present proceedings. The Rent Controller examined the report submitted by AW-1 Sh. Ganga Ram Maini and recorded his views, which read as under :-