RADHA KRISHAN Vs. AMAR SINGH

JUDGEMENT

(1.) The present revision petition has been filed by. Radha Krishan, hereinafter described as "the petitioner" directed against the order of the learned Rent Controller, Ludhiana, dated 11.4.1980 and of the learned Appellate Authority, Ludhiana, dated 3.12.1981. By virtue of the impugned order, the learned Rent Controller had passed the order of eviction against the petitioner which was upheld by the Appellate Authority.

(2.) The relevant facts are that the petitioner is a tenant in the suit premises. The respondent preferred an eviction application against the petitioner. The sole surviving ground which requires consideration is that it was asserted that the petitioner without the consent of the respondent had constructed a parchhati which has damaged the walls of the shop and materially impaired the value and utility of the same. The petition for eviction has been contested. It was denied that the petitioner had set up any parchhati. The case set up by the petitioner was that the shop is in the same condition in which it was let out. The petitioner had fixed the furniture in the shop for proper use and enjoyment of the property. No additions or alterations have been made. A carpenter is only working to replace the furniture.

(3.) The learned Rent Controller framed the issues, and with respect to the controversy about setting up of the parchhati it was held that parchhati had been set up which has materially impaired the value and utility of the premises. An order of eviction was passed.