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1987 Supreme(P&H) 325

J.V.GUPTA
Ashok Kumar – Appellant
Versus
Faqir Chand – Respondent


Judgment

J.V.Gupta, J.

1. This is landlords, petition in whose favour ejectment order was passed by the Rent Controller, but was set aside in appeal. Ashok Kumar and Pardeep Kumar landlord filed the ejectment application on 23.8.1972, for the ejectment of their tenants Faqir Chand and others. Originally, the premises in dispute was rented out in the year 1948 to Roshan Lal. Later on vide rent note dated 11.1.1945, Exhibit A-2, an additional room was given to the tenant Roshan Lal and the rent for the entire premises was fixed at Rs. 80/- per month, which was exclusive of water and electricity charges. Roshan Lal died in the year 1965 and thereafter his son Faqir Chand became tenant under the landlords. He started paying rent to them. The ejectment was sought, inter alia, on the ground of nuisance to the occupiers of the building in the neighbourhood including the landlords themselves as the tenants operated machinery installed therein for all the 24 hours and on the further ground that the tenants have impaired materially the value and utility of the building in dispute by making structural alterations, as detailed in paragraph No. 12 (iii) and also on the ground that they had block











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