VAS DEV Vs. OM PARKASH

JUDGEMENT

(1.) THE short point involved in this revision is whether setting up of a show case in front of one of the doors of the premises and of setting up of a wooden try room under the staircase by a tenant, who took the premises for carrying on tailoring business, can be said to have impaired materially the value and utility of the demised premises. The Appellate Authority was of the view that it would not ; whereas the view of the Rent Controller was to the contrary.

(2.) AFTER hearing the learned counsel for the parties, I am of the view that there is no scope for interference in the revision. A show case has been put up in front of one of the doors. The user of the premises is entirely in the hands of the tenant. He may not open the door and may kept it closed for as long time as he likes and while it will remain closed, he would not get light and air from that door. Instead of a show case is put up in front of the door, it will not give any cause to the landlord to seek eviction of the tenant. Of course, things would have been different if the tenant had removed the door and had put up a Pacca structure in the door by closing it permanently. Therefore, merely setting up of a show case in front of the door, cannot be said to give a cause to the landlord to seek ejectment.

(3.) FOR the reasons recorded above, this revision is devoid of merit and is dismissed with costs. Revision petition dismissed.