Surya Kant, J.

1. This order shall dispose of Regular Second Appeal No. 655 of 1981 as well as Civil Revision No. 768 of 1995 as common questions of law and facts are involved in both the cases. For the sake of brevity, the facts are being referred from RSA No. 655 of 1981.

2. The respondent-landlord filed a suit for mandatory injunction to direct the appellant-tenant to pull down the unauthorised structure raised by him after 30th September, 1978 and also to pass a decree for permanent injunction restraining the appellant from making any construction or alteration in House No. 112/72-112/75, Ahata A.C. Kapoor & Sons, Ambala Cantt.

3. The learned trial Court vide judgment and decree dated 6th March, 1980 decreed the suit thereby directing the appellant to demolish the unauthorised construction consisting of four rooms made by him at the site in dispute and also restraining him from making further construction in the demised premises. The first Appellate Court, vide its judgment and decree dated 12th December, 1980 affirmed the judgment and decree passed by the learned trial Court.

4. It has come on record that the demised premises was rented out to the appellant in the year