Tenant challenged eviction order based on material alteration ground. Court upheld lower authorities' finding that tenant's conversion of a Chabutra into a permanent room impaired building integrity, endorsing landlord's right to seek eviction.
Evidction order affirmed; time granted for eviction fixed at three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No. 574 of 1991
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 574 of 1991 Date of decision: 20.04.2009
Ganpat Rai
.............Petitioner
Vs.
Shri Ram Partap
............Respondent
Present: Mr. Hitesh Pandit, Advocate for the petitioner.
Mr. Samir Rathaur, Advocate for Mr. Sumeet Goel, Advocate for the respondent.
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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K.KANNAN, J. (ORAL)
Civil Revision No. 574 of 1991 -2 -
the walls on two sides of the Chabutra and also a roof on it and affixed the shutter which completed the process of annexing the said Chabutra in the demised shop. The act of the tenant in annexing the Chabutra had not merely increased the length of the demised shop itself but had also caused an additional burden on the intervening wall from where the tenant had removed the wooden door. The Rent Controller referred to several decisions of this Court that the material alteration will have to be always perceived from the stand point of the landlord and not with reference to any additional facilities which the tenant had secured. This finding is reflected in paragraph 17 of the judgment of the Rent Controller. The Appellate Authority affirmed such a finding and also held that even the letter to which the tenant relied on Ex.R.4 did not allow the tenant to raise any construction on the Chabutra and annexed it to the shop in question. A right which was given to a tenant to make the necessary repairs was not to be understood as making a concession for material alteration itself. The Appellate Authority doubted whether the conversion of the Chabutra amounted to carrying out any necessary repairs and found the nature of alteration was material enough and it went to impair the value and utility of the building.
Civil Revision No. 574 of 1991 -3 -
on the integrity of the existing building would certainly offer to the landlord a right to approach the Court to seek for eviction on such a ground.
(K. KANNAN) JUDGE
April 20, 2009 Pankaj*
2 issues framed by the court
Whether the construction of walls, roof, and shutter on the Chabutra by the tenant amounted to a material alteration impairing the value of the building entitling the landlord to eviction.
Whether the tenant's right to make necessary repairs extended to constructing a permanent structure on the Chabutra.
1 provisions across 1 enactments
Ganpat Rai
Shri Ram Partap
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
