SUCHA SINGH KABARI Vs. BRIJ LAL

JUDGEMENT

(1.) The short question involved in this petition under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act) is as to whether on the facts proved, the authorities below were right in holding that the value and utility of the shop has been impaired so as to entail the ejectment of the tenant

(2.) The facts found by the authorities below and no more disputed are that after taking the shop on rent the tenant has constructed six parchhatis (shelves) 2-1/2 feet in width in the front room and four in the second room in cantilever manner by making holes in the walls and inserting bamboo rafters and putting wooden planks thereon. Although the parties are at variance as to when these parchhatis were constructed, the learned Appellate Authority relying on the statement of A.W.6, found them to be 8/9 years old.

(3.) The claim of the landlord is that by making holes in the walls and fixing these shelves, the walls have been considerably damaged and weakened with the result that the value and utility of the demised shop has been materially impaired. To substantiate his claim, the landlord relied on the statement of Hari Ram, A.W.6 a retired Sub Divisional Officer, Public Works Department (Buildings and Roads) Punjab and his report, Exhibit A.W. 6-1/41. According to this witness, these parchhatis were harmful to the walls in particular and to the buildings in general. The authorities below relying on the statement of this witness upheld the claim of the landlord and ordered ejectement of the tenant.