JUDGMENT

1. This appeal by special leave arises against the order of the Punjab and Haryana High Court in Civil Revision No. 1125 of 1984, dated July 18, 1984 confirming the decree of eviction passed by the Rent Controller and confirmed by the appellate authority under the provisions of the East Punjab Urban Rent Restriction Act, 1949 for short the Act. The ground for eviction ultimately upheld by the courts below was that the appellant had constructed a wall in the verandah of the demised premises and put up a door which materially impaired the value of utility of the building. Shri. Prem Malhotra, learned counsel for the appellant contended that the appellant had not constructed the offending construction. Even if it is so there is no proof adduced by the landlord that by such a construction the value or utility of the building had been materially impaired. As such the decree of eviction is clearly illegal. In support thereof he placed reliance on a judgment of this Court reported in Om Prakash v. Amar Singh (1987) 1 SCC 458 : AIR 1987 SC 617).

2. The question, therefore, is whether the finding of courts below which concurrently found that the appellant had constructed a wall in