SANT PARKASH SINGH Vs. LABH SINGH

JUDGEMENT

(1.) LANDLORD 's application for ejectment was allowed by the rent controller, but was dismissed in appeal.

(2.) THE landlord sought the ejectment of his tenant from the premises in dispute which is described as quarter No.159-R, Model Town, Panipat, in the ejectment application. It was stated in para - 1 of the ejectment application that the petitioner is the owner-landlord of the house No. 159-R, Model Town, Panipat and the respondent is the tenant under the petitioner at Rs. 16/- per mensem. However, the ejectment was sought inter alia on the ground that the landlord bonafide required the premises for his own use and occupation as well as the tenant has materially impaired the value and utility of the building in dispute by making some material alteration so as to raise a cabin and other structures thereon. In the written statement, it was pleaded on behalf of the tenant that the premises were let out for commercial purpose and, therefore it was not a residential building. The other allegations were denied.

(3.) IN appeal, the learned-Appellate Authority on the aspect of material impairment reversed the said finding of the rent controller on the first issue and affirmed the findings on the other issues. A result thereof the ejectment application was dismissed. Dissatisfied with the same, the landlord has filed this petition in this Court.