SARUP CHAND TARSEM CHAND Vs. DHAN DEVI

JUDGEMENT

(1.) THE tenant is in revision petition aggrieved against the order of ejectment passe by the courts below on the ground that he has materially impaired the value and utility of the building.

(2.) THE landlord has sought ejectment of the tenant from Shop No. 14 situated in Anaj Mandi Sanauri Gate, Patiala, inter-alia, in the ground that in terms of agreement dated 1.11.1976, the tenant could lay only a pucca floor or a shed on the portion shown by letters CDEF, as well as could construct stairs inside the already built room ABEF but no construction could be raised on the open land CDEF by the tenant. The tenant has constructed two pucca rooms LMNO and NOPQ about 5 months ago apart from stair case outside the already constructed room. It is, thus, claimed that by constructing stores and pucca construction without oral or written consent, the tenant has violated the terms of lease and has, thus, materially impaired the value and utility of the demised premises. It was the stand of the tenant that the construction has been made prior to 1.11.1976 and that rooms LMNO and NOPQ exist on plot No. 14 prior to 1.11.1976. It is pointed out that the plot is 95 feet long and exists up to road which adjoins the shop of Mathu Ram Sadhu Ram.

(3.) AW 3 Om Parkash has proved rent note Ex.AW3/1 dated 1.11.1976 as the said document was scribed in his presence. As per rent note Ex.AW3/1, the tenant was permitted to raise pucca construction on an area measuring 20' x 40' and to use the balance vacant land in the opening paragraph of the rent note itself. The rent note contain boundaries in respect of the tenanted premises but contains no measurement. Clause 2 of the rent note Ex.AW3/1 contemplates that the tenant has constructed one storey building at his costs but he is not permitted to raise second floor on the said building without permission of the landlord, but he was permitted to make pucca construction on the first floor. Clause 3 of the rent note contemplates that the tenant is permitted to use the land till the street but will not be permitted to raise any construction. He has been permitted to raise shed adjoining the building. Still further, he can get flooring done.