DEV SAMAJ SOCIETY (REGISTERED) Vs. LALITA RANI

JUDGEMENT

(1.) Dev Samaj Society through Sudarshan Kumar, Principal, Dev Samaj Senior Model School, Ambala City, has preferred the present revision petition assailing the orders of two Courts below i.e. learned Rent Controller, Ambala and learned Appellate Authority, Ambala, as eviction petition instituted on the ground of non-payment of rent and material impairment of value and utility of the building was not accepted. Having remained unsuccessful in two Courts below, in the present revision petition, findings of the two Courts below have been challenged on law and facts.

(2.) Dev Samaj Society, landlord-petitioner, is having various shops on Duni Chand Road near Congress Bhawan, Ambala City. One of the shops was rented out to the respondent at the rate of Rs. 190.00 per month excluding electricity and water charges. In the eviction petition, it was averred that the rent of the shop was not paid the rent of the shop in question since 1.12.2000 to 30.9.2001, total amounting to Rs. 1,900.00. Second ground pleaded was that the tenant has broken the floor of the shop in question and thereby level of the floor was raised by constructing the new floor without the written consent of the petitioner society. It was pleaded that the tenant has also raised the level of roof and ceiling of the shop in question after breaking the ceiling and roof and thereby damaged the walls of the shop in question, therefore, the value and utility of the shop stood diminished.

(3.) Written statement was filed by the tenant. Preliminary objection regarding the maintainability of the petition was raised. Relationship of landlord-tenant was admitted. It was stated that the rent was regularly paid. On refusal of the petitioner-landlord, arrears of rent were tendered in the Court. It was stated that no structural changes were made in the shop in the manner suggested by the landlord. It was pleaded that there were more than dozen shops rented out and all the shops were having a roof which was an old structure in existence. In May 2000, Sudarshan Kumar on behalf of the Society, approached the tenants individually and collectively expressing desire that a Computer Institution is to be run, therefore, on removal of the belongings of the shopkeepers on 22.5.2000, old structure of the roof was removed. Petitioner-Society constructed the roof of the shop equal to the level of the shops under the tenancy of S.B.Traders and Gobind Ram. Landlord had raised the level of the roof and the entire work was completed by the petitioner-society. The landlord had also agreed to the demand of the tenant that the level of the shops be raised because rainy water enters into the shops. The following issues were drawn by learned Rent Controller