LAWS(P&H)-1978-1-40

MOHINDER SINGH Vs. OM PARKASH AND ORS.

Decided On January 24, 1978
MOHINDER SINGH Appellant
V/S
Om Parkash And Ors Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the Appellate Authority (Additional District Judge), Jind. By this order, the said Authority accepted the appeal of the respondent-landlords against the order of the Rent Controller, Narwana, dismissing the application filed under the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) for the ejectment of the petitioner-tenant.

(2.) The sphere of controversy is very limited. The ejectment of the petitioner is pressed on the sole ground that by effecting certain changes in the demised premises, the value and utility of the property had been diminished. The alterations which are alleged to have been made are essentially these :-

(3.) The case of the petitioner in regard to these alterations is not that of denial but it is explained that those alterations had become necessary because of certain circumstances, the same being that the joint wall with the next shop was re-constructed by the owner of the adjoining shop with a view to straighten that wall and when this was being done, it necessitated the removal of the door intervening between the shop and the compound. In regard to the roofing of the compound, it is stated that the same is a temporary roof made of wooden planks which are removable at any time. The installation of the shutter in the front entry and the cementing of the floor are also not denied. It is, however, asserted that these alterations were carried out several years ago with the consent of Om Parkash, one of the landlords.