J.V.Gupta, J.

1. This landlords petition in whose favour the eviction order was passed by the Rent Controller but was set aside in appeal.

2. The landlord Walaiti Ram sought the ejectment of his tenant Sohan Lal respondent from the shop in dispute which was leased out on monthly rent of Rs. 35/- on October 16, 1966 vide rent note Exhibit A. 1. The ejectment was sought on the ground that the tenant has materially impaired the value and utility of the shop in dispute. It was alleged that one hand-pump was installed in the premises, which was removed by the tenant and was sold away. There was one wall dividing the premises into two portions of equal length and that wall was removed from that place and was constructed at a different place whereby the length of the front portion of the shop increased and that of the back portion was decreased. It was also alleged that our electric motor of 7.5 H.P. was installed in the premises and the tenant got that electric connection disconnected and altered the electric connection from 3 phase to 1 phase. The tenant also constructed a Chhappar on the platform in front of the shop. On these allegations, it was pleaded that the tenant had mad