BABU RAM Vs. BABU LAL

JUDGEMENT

(1.) This is landlord's revision petition whose ejectment application has been dismissed by both the authorities below.

(2.) The landlord sought the ejectment of his tenant from the shop in dispute inter alia on the ground that the tenant has damaged the shop and its shape has been changed as a result of which its value and utility has been impaired. The tenant controverted the said allegations. On trial, the learned Rent Controller found that the act of the tenant has not impaired the value and utility of the disputed shop, as alleged by the landlord. Consequently, the ejectment application was dismissed. In appeal, the learned appellate authority maintained the said finding of the Rent Controller. It was found that it was admitted by the landlord himself that the terraces were removed being encroachment since it was not in the ownership of the landlord.

(3.) The learned counsel for the petitioner submitted that since the tenant lowered down the floor, so it has impaired the value and utility of the demised shop.