PUNJAB KHADI MANDAL Vs. P.K. ANAND

JUDGEMENT

(1.) The present petition directs challenge against order dtd. 21/5/2015 passed by the Appellate Authority, Jalandhar whereby appeal against order dtd. 9/9/2011 passed by the Rent Controller, Jalandhar ordering eviction of the respondent-tenant from the shop in question was allowed, eviction order was set aside and the application for eviction filed under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 ( in short "the Act"), was dismissed.

(2.) The petitioner filed the eviction application from portion of first floor shown red in the site plan on the twin grounds that the respondent has failed to pay arrears of rent with effect from 1/4/2006 @ Rs.787.00 per month and has materially impaired value and utility of the tenanted premises by making structural additions and alterations without written consent and permission of the petitioner. The learned Rent Controller negated plea of the petitioner for ejectment on the ground of arrears of rent as arrears of rent were tendered by the respondent and the said issue was not pressed by the petitioner. However, the Rent Controller allowed eviction on the ground of material impairment to value and utility of the demised premises on the ground of removal of intervening wall between two rooms under tenancy of the respondent.

(3.) As has been noticed hereinbefore, the appeal preferred by the respondent came out to be successful and the eviction order was set aside.