PRABHU LAL Vs. KALU RAM

JUDGEMENT

(1.) THIS is defendant's appeal against the judgment of Additional District Judge, Tonk upholding the judgment of Munsif and Judici-al Magistrate, Tonk granting a decree in favour of the plantiff in a suit for evic-tion and arrears of rent.

(2.) THE facts so far as the relationship of landlord and tenant and the shop having undergone some alterations, which is the main bedrock of finding of eviction under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') is not in dispute.

(3.) CONTRARY to it both the lower Courts have given a decree on the basis of the finding based on Clause (1) sub-clause (c) of Section 13 of the Act, which reads as under:- " (c) that the tenant has without the permission of the landlord made or permitted to be made any such construction as, in the opinion of the Court has materially altered the premises or is likely to diminish the value thereof; or"