LAWS(P&H)-1998-7-108

FAKIR CHAND Vs. ANGURI DEVI

Decided On July 16, 1998
FAKIR CHAND Appellant
V/S
ANGURI DEVI Respondents

JUDGEMENT

(1.) FAKIR Chand petitioner-tenant has filed this appeal against the order dated 8.3.1994 passed by the Appellate-Authority, Jind whereby the appeal preferred by the petitioner against the order of the Rent Controller, Jind, dated 27.8.1990 allowing the eviction application filed by the respondent-landlady was dismissed.

(2.) RESPONDENT Anguri Devi filed petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') for eviction of the petitioner from the shops in question on two grounds, namely, non-payment of rent since 1987 and impairment of value and utility of the shops in question by the tenant by making alterations. It has been averred in the petition that the tenant had installed a tin-shed in front of the shops in January 1983 and removed a portion of the wall to open a door in between the two shops. He has also installed a Chimney in the month of January, 1983 for washing clothes and because of this it has become impossible for the respondent to reside in the adjoining premises.

(3.) IN the written statement filed by the tenant, he took the preliminary objection that eviction application was not maintainable for want of proper verification.