KASTURI LAL Vs. MUNI LAL

JUDGEMENT

(1.) THE present petition has been filed by the landlord against the concurrent findings recorded against him by the Rent Controller and the Appellate Authority, thereby dismissing the eviction petition.

(2.) THE facts of the case are as under :-Shop No. 173 situated in Jagraon, was owned by Kasturi Lai and Darbar Chand. Muni Lai was inducted as a tenant on a monthly rent of Rs. 41. 10 Annas -8 paise on June 1, 1963. As per the rent note Ex. A-4 dated May 21, 1963, executed by the tenant, it appears that the premises in dispute consisted of three rooms and one verandah on the ground floor. The landlord, thereafter, sought eviction of the tenant on four grounds (a) that the tenant had not paid the rent from April 1, 1972 (b) that the period of tenancy had expired and the tenancy, accordingly, stood terminated (c) that the respondent had, without the consent of the landlord, constructed one Bhatti in the premises in question and started the business of manufacturing of Soap, thereby, changing the user of the premises and also materially impairing the value and utility thereof and (d) that the respondent had removed the door of a room and converted the verandah into a room thereby preventing the ingress and outgress of the landlord through the stairs for going to the upper storey.

(3.) THE tenant resisted the application and controverted the allegations made. The parties faced the trial on the following issues :