UNION OF INDIA Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS revision petition under section 15 of the East Punjab Urban Rent Registration Act, 1949 (hereinafter referred to as 'the Act') is directed against the order of the Appellate Authority, Ludhiana, dated March 3, 1981, affirming the order of the Rent Controller evicting tenant from the tenancy premises.

(2.) JOGINDER Singh-respondent let out of the demised premises to the petitioners in July 1970 at the rate of Rs. 350/- per month. He sought their eviction by filing an application under section 13 of the Act on two grounds; firstly, that he needed the tenancy premises for his own use and secondly, that having constructed room on the first floor the tenants have impaired the value and utility of the tenancy premises.

(3.) THE landlord in the ejectment application had alleged that the tenants had constructed the room on the first floor which had impaired the value and utility of the building. In reply the petitioner submitted that the room had not been constructed by them and actually it had been constructed by landlord himself after the inception of the tenancy for their use. It is conceded before me that if this room had been constructed by the tenants, it would undoubtedly be considered impairment in the value and utility of the building because on account of construction of this room the building is likely to become unsafe for human habitation as there is every likelihood that the weight of the room would exceed the weight which the foundation could tolerate. Thus, the sole point in controversy between the parties is whether the room on the first floor was constructed by the landlord or by the tenants after the inception of the tenancy. Both the Courts below have concurrently held that the construction was made by the tenants. I find no infirmity in this finding.