MADAN SINGH Vs. SMT. SUDESH KUMARI

JUDGEMENT

(1.) In the present case, the landlady had instituted eviction petition on various grounds. Firstly, that there is non payment of rent and the tenant is in arrears of rent. Secondly, the premises were required for her own use and occupation and thirdly, by constructing an additional room, material addition and alteration has been made in the property, which has impaired the value and utility of the house, as landlady has been exposed to the risk of resumption by the Housing Board, which had allotted the house inquestion to the landlady.

(2.) The Court of Rent Controller held that the rent has been tendered, therefore, ground of arrears of rent is not available to the landlady. It further held that she has failed to make out the case of personal necessity. However, it held that the construction of an additional room by the tenant has impaired the value and utility of the premises, as the building is likely to be resumed by the Housing Board, as the same is against the terms and conditions of allotment. Appellate authority upheld the ground of material impairment to the value and utility of the property because of material alteration made by the tenant.

(3.) Mr. S.S. Bains appearing for the petitioner tenant has stated that appellate authority has also taken into consideration the ground of personal necessity, which the appellate authority was precluded to do so, as there was no cross appeal filed by the landlady.