CHANDER KANTA Vs. RAM CHANDER

JUDGEMENT

(1.) THE landlords are petitioners before this Court, they filed a petition for eviction of the tenant-respondent Ram Chander. The ground on which the eviction was sought was the material impairment of the value and utility of the shop in question. Although other grounds were also taken but only ground pressed before learned Rent Controller was material impairment.

(2.) THE learned Rent Controller ordered the eviction of the tenant-respondent. However, in appeal filed by him, the learned Appellate Authority has allowed the appeal and set aside the eviction order passed by the learned Rent Controller.

(3.) SH . Jaswant Jain, learned counsel appearing for the landlord-petitioners has vehemently argued that the eviction order passed by the learned Rent Controller was most just and proper under the facts and circumstances of the case and no interference was required in appeal by the learned Appellate Authority. It is further submitted by the learned counsel that the evidence on record clearly shows that the tenant had entirely covered the chowk of the shop in question and consequently has impaired the value and utility of the premises.