GANGA PARSHAD Vs. DEVI LAL

JUDGEMENT

(1.) THIS petition for revision is directed against the decision of the Appellate authority reversing on appeal the decision of the Rent Controller ordering eviction of the tenant.

(2.) THE landlords claimed eviction of the tenant under Section 13 (3) (iii) and (iv) of the East Punjab Urban Rent Restriction Act, namely that the tenant had committed acts, which had materially impaired the value and utility of the building or rented land and that he is guilty of acts of nuisance to the occupiers of the buildings in the neighbourhood. The petition was contested by the tenant. The Rent Controller found both the grounds in favour of the landlords and allowed the petition. On appeal by the tenant, the Appellate Authority reversed the decision of the Rent controller on both the grounds. The landlords have come up in revision to this court.

(3.) AFTER hearing the learned counsel for the parties I am of the view that the decision of the Appellate Authority cannot be sustained, so far as the first ground is concerned, namely, that the tenant had materially impaired the value and utility of the building. So far as the second ground is concerned I see no ground to interfere with the decision of the Appellate Authority.