LAL CHAND Vs. PARMA NAND

JUDGEMENT

(1.) Lal Chand landlord has filed this petition against the order of the Appellate Authority dismissing his application for the eviction of the tenant, Perma Nand. The narration of the facts of the case is as under:

(2.) The Landlord filed an application for the eviction of the tenant, Perma Nand, before the Rent Controller on the ground that the tenant had caused substantial damage and deterioration to the value and utility of the premises in dispute and for non-payment of arrears of rent. The arrears of rent were tendered on the first date of hearing and this ground was thus given up. The application was contested by the tenant and the allegations therein were controverted. The parties contested on the following issues :-

(3.) Both the issues were found by the learned Rent Controller against the tenant and in favour of the landlord. On the basis of this finding, the Rent Controller allowed the application of the landlord and passed the ejectment order. The tenant successfully appealed before the Appellate Authority who reversed the finding of the Rent Controller on issue No. 1 and held that there has been no material impairment of the value and utility of the premises in dispute. The finding on issue No. 2 was not challenged before the Appellate Authority. In view of its finding on issue No. 1, the Appellate Authority allowed the appeal and set aside the order of the learned Rent Controller. Hence this revision petition by the landlord.