MOHINDER Vs. RAJ KUMAR

JUDGEMENT

(1.) THE landlord has directed this Revision Petition u/s 15(6) of Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter called the Rent Act) against the order of the appellate Authority, Gurgaon, holding, the order of the Rent Controller regarding the dismissal of the application of the landlord for ejectment of the tenant on the ground of materially impairing the value and utility of the shop in dispute.

(2.) IN brief, the facts are that Mohinder Singh landlord, purchased the shop in dispute, located in Aggarwal Market, Gurgaon Cantt, on 1st February, 1971 from its previous owner. Raj Kumar, tenant respondent, was already a tenant of this shop under the previous landlord. The landlord sought the ejectment of the tenant from the shop in dispute on the basis of non-payment of rent since 1st February, 1971, besides on the ground that the tenant had materially impaired the value and utility of the shop by breaking the Chabutra in order to lower down the level of the shop and by extending the shutter of shop by increasing it to the length of 1-1/2 feet. This application was resisted by the tenant by tendering the rent etc., besides denying that he had impaired the value and utility of the shop in dispute. It was also contended that the respondent had not broken a part of the Chabutra in order to lower down the level of the shop in dispute. In the alternative it was alleged that the breakage, if any, is due to the routine use and is of very negligible nature and can be repaired and set right at a nominal cost of Rs. 2/- or Rs. 3/- only.

(3.) I have heard the learned counsel for the parties, besides perusing the record. In the ejectment application the landlord had alleged in para 3(b) as under :-