HARISH CHAND Vs. UDAI BHAN AND OTHERS

JUDGEMENT

(1.) THIS is tenant's petition against whom ejectment application was dismissed by the Rent Controller but an order of eviction has been passed in appeal.

(2.) THE landlord sought ejectment of his tenant from the premises in dispute, which consist of a shop situated in Hodal. Ejectment was sought inter alia on the ground that the tenant has materially impaired the value and utility of building. The necessary allegations in this respect were made in Para 4 (Kh), which is in the following terms:

(3.) AFTER considering the evidence led by the parties and also on the basis of the result of the inspection made by the learned Rent Controller on 30th October, 1980, at the request of the parties, he came to the conclusion that the landlord has failed to establish that any wall partitioning the two shops was removed by the tenant as alleged. Therefore, the question of impairing any value or utility does not arise. As a result of these findings the ejectment application was dismissed.