MARKAR MASIH Vs. SMT. PADMA SAHNI

JUDGEMENT

(1.) This civil revision petition has been filed against Judgment dated 30.10.2007 rendered by the Appellate Authority Solan, District Solan, Himachal Pradesh in Rent Appeal N. 22-S/14 of 2006.

(2.) "Key facts" necessary for the adjudication of the present civil revision petition are that the respondent-landlady (hereinafter referred to as 'landlady' for convenience sake) instituted a petition under Sec. 14 of the Himachal Pradesh Urban Rent Control Act, against the petitioner-tenant (hereinafter referred to as 'tenant' for convenience sake) for his eviction from the premises situate on Rajgarh Road, which is stated to be a shop i.e. non-residential and used by the tenant for the sale of meat. Eviction of the tenant has been sought on the ground that he has not paid rent since Oct., 2001 at the rate of Rs. 335.00 per month. Other ground taken in the petition was that the tenant without the permission of the landlady and without the permission of the Rent Controller, 10 days prior to the filing of the petition, has done material alterations and illegal acts, which have impaired the value and utility of the shop in question. Tenant has constructed room by raising one partition wall made of bricks and cement inside the shop and has made two rooms of the shop. It is further alleged that the tenant had created big holes in main walls and raised/constructed huge RCC shelves and inserted three heavy iron bars in the holes so as to construct these shelves by adding extra load on the walls. It is further alleged that the tenant has also constructed a hose (Khurli) below the retaining wall inside the shop and retaining wall has become dangerous and can fall at any time. Tenant has also raised one poultry house made of iron bars by permanently welding the same with the main shutter frame of the demised premises and thus the value and utility of the premises has been diminished. He has also changed the user and created nuisance.

(3.) Reply was filed by the tenant. According to the tenant, rent upto 31.1.2001 stood already paid and rent upto 30.10.2002 was sent to the landlady. It was denied that any material alterations and illegal acts have been done by him impairing the value and utility of the shop. No room has been constructed by the petitioner. Shop was already partitioned at the time when it was rented out in the year 1981. No holes have been dug in the walls. No Khurli has been constructed. It was denied that any permanent poultry house of iron bars has been raised by the tenant.