SUDERSHAN KUMAR Vs. TEJINDER SINGH

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the eviction order has been passed by both the authorities below.

(2.) TEJINDER Singh, landlord, rented out the premises which are the rented land measuring 9' x 15' vide rent note dated November 22, 1970. Exhibit AW-18, on a monthly rent of Rs. 45/-. The ejectment application was filed on November 16, 1972, on the ground that the tenant was guilty of such acts as were likely to impair materially the value and utility of the demised land inasmuch as the tenant had raised construction of a permanent nature thereon for which the landlord had to file the suit for permanent injunction in order to restrain him from making further construction, wherein a temporary injunction was granted in September, 1972. The tenant had been a source of nuisance to him. In the written statement, the tenant denied the said allegations. The learned Rent Controller came to the conclusion that it was quite clear that the tenant had raised permanent construction on the suit land without the written consent of the landlord which was later on demolished in pursuance of the decree of the civil Court against the tenant. It was further concluded that by raising the permanent construction without the written consent of the landlord, the tenant had materially impaired the value and utility of the rented land. Consequently, the eviction order was passed against him. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and, thus, maintained the eviction order passed against the tenant.

(3.) ON the other hand, the learned counsel for the landlord respondent submitted that by raising the permanent construction over the vacant land which was later on demolished in execution of the civil Court decree, it was quite evident that the tenant had impaired the value and utility of the demised premises. In support of this contention, the learned counsel relied upon Shri Ram v. Smt. Shila Rani, 1982(1) RCR 613 : 1982 Punjab Law Reporter 591.