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1988 Supreme(P&H) 408

J.S.SEKHON
Bhatia Cloth Mills – Appellant
Versus
Vasdev – Respondent


Judgment

J.S.Sekhon, J.

1. The tenant has directed this revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the `Act) against the order dated 3.3.1980 of the learned Appellate Authority, Additional District Judge, Ludhiana, affirming the order of the Rent Controller qua ejectment of the tenant on the ground of having materially impaired the value and utility of the demised premises. In brief, the facts relevant for the disposal of this revision petition are that Shri Vasdev, landlord of the factory premises located in plot No. 196, Industrial Area, Ludhiana, had rented out one machinery hall measuring 36 x 21 along with one electric moter of 5 H.P., patta, pulleys, shaft, iron girders, ball bearings besides one office room measuring 10 x 12 to M/s. Bhatia Cloth Mills at a monthly rent of Rs. 200/-. The landlord sought ejectment of the tenant on the ground of non-payment of rent with effect from 1.5.1971 and on the ground of tenant materially impairing the value and utility of the building by constructing two parchhatis in the room after digging two holes in the wall. He also alleged that one big hole was dug in the ha











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