RATTAN LAL Vs. BIHARI LAL

JUDGEMENT

(1.) The present revision petition has been filed by Rattan Lal, hereinafter described as the petitioner, directed against the order of eviction passed by the learned Rent Controller, Bhiwani, dated 18-9-1996 and of the learned Appellate Authority, Bhiwani, dated 23-7-1998. The learned Rent Controller had passed the order of eviction which was upheld by the learned Appellate Authority.

(2.) The relevant facts are that respondent Bihari Lal had filed a petition for eviction against the petitioner with respect to the premises in question. The grounds of eviction taken by the respondent were that the petitioner has not paid the arrears of rent despite repeated requests and that the petitioner has materially impaired the value and utility of the property. Besides that, the suit property was described to be unsafe and unfit for human habitation. Of these grounds of eviction, the first ground that the arrears of rent were due does not survive and is not subject matter of controversy in the present revision petition.

(3.) The petition for eviction had been contested. It was denied that by any act of the petitioner the value and utility of the property had been diminished or that the same has become unsafe and unfit for human habitation. According to the petitioner, the suit premises had been taken on rent about 30 years ago. The petitioner denied that he had demolished any portion of the premises which were shown with letter 'X' in the site plan filed by the respondent. As per petitioner, due to rainy season some portion of the wall had given way. The petitioner had got it repaired. It was denied that any extra room had been set up. The petitioner asserted that the room was already in existence. He had simply got it repaired. The question of raising any new construction, as per petitioner's averment, did not arise. It was denied that any new chapper had been established. It was even denied that there is change of the user of the property.