HARI SINGH & SONS Vs. DEVINDER NATH SHARMA

JUDGEMENT

(1.) This is tenants's petition against whom eviction order has been passed by both the authorites below.

(2.) The landlord Devinder Nath Sharma, filed the present ejectment application on 6th October, 1982, inter alia on the ground that the tenant has materially impaired the value and utility of the demised premises by making material alterations and additions therein. The tenant had constructed a wooden Parchhati by digging big holes on either side of the walls and by fixing wooden beams in the walls which had weakened and damaged the walls. This he has done without the written consent of the landlord. He has also alleged that the walls and floor of the demised premises have also been damaged by the tenant by misusing the same. In the written statement the tenant denied the same and he also denied that the floor and wall of the demised premises had been damaged whatsoever or misused by him as alleged by the landlord. According to him the premises are perfectly in the same condition as it was let out to him in the year 1977.

(3.) The landlord also pleaded other grounds but since the ejectment has been ordered on the ground of materially impairing the value and utility, these grounds are not relevant for the purpose of this petition.