MADAN LAL BUTAIL Vs. DINESH KUMAR SOOD

JUDGEMENT

(1.) THIS revision petition under Section 24(5) of the U.P. Urban Rent Control Act, 1987 (hereinafter referred to as the 'Act') is directed against the order dated 9.6.1997 passed by the learned appellate authority, Shimla, whereby the order dated 24.7.1991 passed by the learned Rent Controller (2), Shimla has been affirmed and the appeal of the petitioner/landlord (hereinafter referred to as "the landlord") has been dismissed.

(2.) THE facts leading to the presentation of the present revision petition are that the landlord owns New Butail building bearing Municipal No. 99/3 situate in Lower Bazar, Shimla. One of the sets in the said building was in occupation of one Khushi Ram (initially the respondent in the petition and having died during the pendency of the litigation and now being represented by the respondents-tenants hereinafter referred to as "the tenants"), as a tenant on payment of monthly rent of Rs. 17/-. The landlord preferred a petition for eviction of the tenant from the said premises under Section 14 of the Act on the grounds (i) that the tenant was in arrears of rent for the period from 1.1.1973 to 31.7.1984; (ii) that the tenant had made additions and alterations in the premises by construction of a bath room inside the room, covering of the Verandah, opening of a door between Sets Nos. 3 and 4, covering open space below the stairs adjoining set No. 4 and had mounted a water tank on one of the retaining walls of the premises from where the water leaks and seeped into the wall thereby endangering the existence of the retaining wall which acts have materially impaired the value and utility of the building; (iii) that the tenant had without the consent of the landlord used a portion of the premises for a purpose other than the purpose for which it was let out to him; and (iv) that the tenant had built his own residential building within the Municipal limits of Shimla town and such building is reasonably sufficient for his requirement. Hence, the petition for ejectment.

(3.) THE learned Rent Controller framed the following issues :