LAWS(P&H)-1999-5-31

JOGINDER SINGH Vs. JASBIR SINGH

Decided On May 13, 1999
JOGINDER SINGH Appellant
V/S
JASBIR SINGH Respondents

JUDGEMENT

(1.) The present revision petition has been filed by Joginder Singh (hereinafter described as 'the petitioner') directed against the judgment of the learned Appellate Authority, Jalandhar dated 14.11.1996. By virtue of the same, the learned Appellate Authority had allowed the appeal filed by the respondent and set aside the order passed by the learned Rent Controller, Nawanshahr. An ejectment order was passed against the petitioner with respect to the property in question.

(2.) The relevant facts are that respondent had filed an eviction petition against the petitioner with respect to the property in dispute. The petitioner is a tenant therein. It had been asserted by the respondent that the petitioner has changed the user of the property. He has demolished the pillars and constructed the same from 9" to 4-1/2" in breath, as a result of which the walls were weakened. In this process the petitioner has materially impaired the value and utility of the shop.

(3.) The petition for eviction was contested. It was denied that the tenant-petitioner had demolished the pillars and reduced the width thereto. As per the petitioner, the pillars of the shop are in the same condition as at the time it was let out.