SADHU RAM Vs. NIRANJAN DASS

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the order of ejectment has been passed by both the authorities below.

(2.) THE landlords-respondents sought the ejectment of the tenant-petitioner from the premises, in dispute, alleging the same to be a house, i.e., a residential building. It was averred in the ejectment application that the demised premises were rented out to the petitioner vide rent note dated August 18, 1969, Exhibit A.1, on the condition that he will not make any construction thereon without the consent of the landlords. Since he had constructed a room without the consent of the landlords in front of the house and had also made other additions and alterations in the property, in dispute, without the written consent of the landlords, it was alleged that the said acts on his part had materially altered the character of the accommodation and had, thus, impaired its utility. The averments to this effect were made in paragraphs 3, 4 and 5 of the ejectment application. Those paragraphs read, -

(3.) AFTER hearing the learned counsel for the parties and going through the pleadings, I am of the considered opinion that the whole approach of the authorities below was wrong and illegal.