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1991 Supreme(Raj) 776

K.C.AGRAWAL
Radha Kishan – Appellant
Versus
Rajendra Kumar – Respondent


JUDGMENT

1. - This is defendant's second appeal challenging the judgment and decree of the lower Appellate Court dated 11.11.82 allowing the appeal of the plaintiff-respondents-Rajendra Kumar and Surendra Kumar, brought for eviction of the appellant, on the ground that the latter had made material alteration in the premises let out to him by the respondents. The material alteration which was alleged by the respondents to have been carried out by the appellant was that the appellant has put a shutter in the verandah which has damaged the shape and use of the building. There was, according to the plaintiff-respondents, a Almirah. The appellant by putting a shutter has rendered the Almirah into dis-use. The defendant-appellant admitted that he had put a shutter in the verandah as alleged by the plaintiff-respondents but denied that the same had resulted in material alteration of the premises let out to him. According to him, shutter is of a temporary nature and if it is not to be treated as of a temporary nature it should be removed without causing any damage to the premises let out to him by the respondents.

2. Having heard counsel for the parties, I find that the trial court dismiss







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