Om Parkash (Dead) by Lrs. and Others vs Mohinder Singh and Others

After having heard the learned counsel for the parties, we are satisfied that the interference made by the High court in its revisional jurisdiction under S. 155 of the East Punjab Rent Restriction Act, 1949 with the finding of fact arrived at by the Appellate Authority that the tenant had committed such acts which had materially impaired the utility of the demised premises so as to entitle the landlord to an order for eviction under S. 13(2)(iii) of the Act was totally uncalled for. Merely because the High court on a re-appraisal of the evidence was inclined to take a view different from that reached by the Appellate Authority that by itself did not entitle the High court to interfere in revision. That apart, the tenant has made substantial structural alterations without the consent of the landlord. The alterations are of such character as to bring about a complete change in the structural design of the demised premises. The finding of the Appellate Authority is that the tenant unauthorisedly demolished the common wall up to a portion and constructed a new wall.

We accordingly set aside the judgment of the High court and restore the order of the Appellate Authority. The order of eviction will, however, not be executed till 31/03/1988 subject to the condition that the respondent files an undertaking in this court in the usual terms within four weeks from today.