STATE OF PUNJAB AND ORS. Vs. KAMLA RANI

JUDGEMENT

(1.) llenge in the present revision petition filed by the State is to the ejectment order dated 07.08.1996 passed by the Rent Controller on the ground of impairment of value and utility of the building under issue no. 2. The said finding has been upheld by the Appellate Authority on 12.09.2001.

(2.) In the written statement, the plea taken by respondent no. 4 was that the rent had been accepted upto the month of June, 1987 and the original owner had given his consent to carry out the repairs at government expenses. Huge amounts had been spent after seeking government sanction and the property was being used for the purpose it was requisitioned. No new construction had been raised and the factum of requirement of personal use and occupation was denied as the landlady was residing in a palatial building.

(3.) The State denied the factum of the wall and submitted that an old wall had been repaired keeping in view the security requirements and that temporary accommodation of tents had been provided for police jawans deployed for security duties in the office-cum-residence of the respondent. No new bathrooms or latrines had been constructed but only minor repairs had been carried out with the consent of Sh. Jugal Kishore and his son Lajpat Rai. On the basis of the pleadings, the following issues were framed:-