LAWS(P&H)-2005-3-27

SOHAN LAL CHAWLA Vs. JANKI DASS CHOPRA

Decided On March 23, 2005
Sohan Lal Chawla Appellant
V/S
Janki Dass Chopra Respondents

JUDGEMENT

(1.) THIS order shall dispose of two Civil Revisions bearing Nos. 1258 and 1259 of 1990 as both the revision petitions arise out of common orders passed by the learned Rent Controller as well as the learned Appellate Authority and are between the same parties.

(2.) THE tenant is the petitioner before this Court. His ejectment was sought by the landlord-respondent from two shops i.e. shop No. 4 and 5, by filing two separate ejectment applications. Ejectment was sought on the grounds of non- payment of arrears of rent with regard to the aforesaid two shops as well as the removal of the intervening wall AD from the aforesaid two shops. On account of the aforesaid removal of the wall, the landlord claimed that the value and utility of the aforesaid demised premises had been diminished by the tenant. It was claimed by the landlord that the tenant had removed the intervening wall between the two shops without the written consent by the landlord and, as such, had made himself liable for ejectment.

(3.) THE learned Rent Controller, keeping in view the controversy between the parties and the fact that the parties to the two petitions were the same, ordered the consolidation of the two ejectment petitions. It was further ordered that the evidence recorded in one case would be read as evidence in the other case.