SHRIMATI SHAIL KUMARI Vs. BAIJ NATH

JUDGEMENT

(1.) THIS revision petition has been filed by Smt. Shail Kumari, landlady-petitioner against the judgment of the Appellate Authority, Ludhiana dated 1st April, 1977.

(2.) BRIEFLY the case of the petitioner is that she gave on lease the portion situated in front of the staircase on a monthly rent of Rs. 14. The respondent with the help of Gulzari Lal and Darbari Lal demolished the shop, chabutra and staircase by which the value and utility of the premises let out to the respondent has been materially impaired. Consequently she prayed that the respondent be ordered to be ejected from the demised premises. The petition has been contested by the respondent who stated that on 24th May, 1970 the wall of chobara of adjoining shop on the eastern side belonging to Kulwant Rai fell on account of which the roof, front wall and door were damaged. He informed Jagdish Rai, the husband of the landlady, who asked him to repair the damaged portion. Jagdish Rai also told him that the expenses incurred would be adjusted in the rent. It is further stated that the damaged portion was consequently repaired by him. He further stated that the shop was in the same condition in which it was prior to a time when it was given on lease to him.

(3.) THE only contention of Mr. Sarin is that the petitioner led evidence that the respondent had materially changed the property given on lease to him. He further submits that the fact of alleged repairs has been admitted by the respondent in the written statement. However, the Appellate Authority without considering the evidence and the admission of the respondent reversed the finding of the Rent Controller after holding that the rent note is not admissible in evidence.