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1988 Supreme(SC) 638

R. S. PATHAK, S. NATARAJAN
Om Pal – Appellant
Versus
Anand Swarup – Respondent


Advocates:
ASHOK MAHAJAN, HARBANS LAL BAJAJ, S.M.Ashri, SULTAN SINGH, T.L.GARG

Judgment

NATARAJAN, J.-In this appeal by special leave by a tenant against the dismissal of his revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) by the High Court, what falls for consideration is the manner of construing the words "acts as are likely to impair materially the value or utility of the building" occurring in Section 13(2)(iii) of the Act.

2. A parchhati put up by the tenant/appellant in a shop taken on lease by him for running a dry cleaning laundry has been construed by the Rent Controller and the Appellate Authority as an act causing material impairment to the building and the High Court has affirmed their findings and dismissed the revision preferred by the appellant. The correctness of the order of the High Court in revision is challenged in this appeal.

3. The facts are not in controversy and may briefly be stated as under. For running a dry cleaning shop the appellant had taken on lease a room from the respondent on a monthly rent of Rs 30. The appellant put up a parchhati in the shop for storing the clothes before and after dry cleaning. The parchhati has been made to rest on the walls by means of



















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