SUBASH Vs. GANGS DEVI

JUDGEMENT

(1.) Tenant-petitioner has filed this revision against the Appellate Authority's order dated March 16, 1996 whereby landlady's ejectment petition filed under Seciton 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short, the Act) has been allowed on the ground that the tenant has covered the front verandah of the demised shop and has installed a door therein, which has obstructed free access of air and light in the shop and thereby he has caused impairment in the value and utility of the building.

(2.) Factual matrix of the case is that the landlady-respondent filed ejectment petition against the tenant-petitioner under Section 13 of the Act seeking tenants ejectment for non payment of rental arrears and impairing the value and utility of the building by converting the verandah into a room and installing a door therein. Another ground for ejectment was that the building is in a dilapidated condition and not fit for human residence.

(3.) The Rent Controller dismissed the petition on all the counts. So far as the rental arrears are concerned, as the tenant paid the rental arrears, that ground was held not available to the landlady. Other grounds were held not proved. The Rent Controller held that the verandah was converted into a shop by the landlady and not by the tenant, and that even if it is believed that the tenant has installed a door therein, it has not impaired the value and utility of the building. Third ground for ejectment was also held not proved. The landlady respondent filed appeal against that order. The Appellate Authority allowed the appeal holding that the tenant has covered the verandah into shop and has installed a door therein, which has obstructed the free access of light and air in the shop and thereby he has impaired the value and utility of the said building. On this ground alone the appeal was allowed.