S.MOHAN, S.B.MAJMUDAR
Durga Seed Farm – Appellant
Versus
Raj Chadha – Respondent
JUDGMENT
We have heard Mr. M.L. Verma, learned senior counsel for the appellant and Mr. R.F. Nariman, learned senior counsel for the respondent. From the terms of the allotment of the property in favour of the respondent by Chandigarh Administratrion, it is clear that the allotment under a lease was as a Show-Room. In seeking to evict the appellant from the premises the respondent alleges as under:
" The additions and alteration on account of the construction of this shed have caused damage to the building and this construction has materially impaired the value and utility of the building. The building can be resumed also by the Estate Officer on account of this unauthorised construction. It is likely that on account of this unauthorised construction, the Estate Office may demolish the shed at any time, which can cause a great damage to the building because the enforcement staff whenever demolishes the building, they demolish in such hopeless manner that it may cause great damage to the other parts of the building. The shed is supported by a big and heavy iron rod angles and guarders etc. The load of the whole shed has been put upon the walls which are not meant for this purpose.
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