SAMITRI DEVI Vs. KARAM SINGH

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 24. 5. 1984 passed by the Appellate Authority, Jalandhar, the petitioner has filed this revision petition under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 with a prayer that the judgment of the Appellate Authority be set aside and the order passed by the Rent Controller, Jalandhar, on 17. 11. 1982 be restored.

(2.) THE petitioner filed an ejectment petition against the respondent under Section 13 of 1949 Act on the ground of non-payment of rent since 1978 and also on the ground of making alteration in the tenanted property. The respondent contested the application on the ground of want of notice, mala fide intention of the petitioner and also on the ground that no material alteration had been made by him over the property in dispute. The petitioner examined Sukhwinder Singh, Naresh Kumar, Satnam Singh, B. N. Nanda and Parduman Kumar to prove her claim whereas the respondent appeared himself and examined Balwant Singh and Changa Singh in support of his case.

(3.) IN the appeal filed by the tenant, the Appellants Authority declined the request made on his behalf for permission to amend the written statement whereby the tenant wanted to challenge the title of the landlord. On the issue of material alteration in the tenanted property, the Appellate Authority disagreed with the finding recorded by the Rent Controller and held that the structure raised by the tenant was temporary in nature and there was no change in the user of the property. On the basis of this conclusion, the Appellate Authority reversed the order of the Rent Controller and dismissed the petition filed by the landlord.