LAWS(HPH)-2018-8-8

NARINDER KUMAR Vs. ROHIT MADAN & OTHERS

Decided On August 03, 2018
NARINDER KUMAR Appellant
V/S
Rohit Madan And Others Respondents

JUDGEMENT

(1.) Following questions of law arise for consideration in the present petition:

(2.) Facts are simple.

(3.) In the year, 1997, Dr. Kailash Kumar Kashyap (hereinafter referred to as the tenant) took shop No.2, Ground Floor, Long Acre Estate, The Ridge, Shimla (hereinafter referred to as the demised premises), on rent for commercial purposes. On 03.03.2006, Rohit Madan (hereinafter referred to as the landlord-successor of original landlord Sh.Narinder Nath Madan), instituted a petition for ejectment of the tenant on the ground of carrying out additions and alterations which cannot be carried out without the premises being vacated and the tenant having made substantial additions and alterations, impairing the value and utility of the demised premises. According to the landlord, tenant had vertically divided the demised premises into two portions and constructed a mezzanine floor, causing damage to the property.