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1984 Supreme(P&H) 595

J.V.GUPTA
Madan Lal Saggi – Appellant
Versus
British Motor Car Company (1933) Pvt. Ltd. – Respondent


Judgment

J.V.Gupta, J.

1. This is landlords petition whose ejectment application has been dismissed by both the authorities below.

2. The building in dispute is located on the G.T. Road, Jullundur City, and the same was rented out originally on 16th November, 1958, vide rent note dated 16th September, 1961 vide Ex. A.9. It was again renewed for the second time vide rent note dated 25th October, 1967 (Ex. AW 2/1). The building was rented out as show-room, office-room, store rooms and boundary wall on the ground floor and residential apartments on the first floor including the newly constructed portion. The monthly rent was fixed at Rs. 830/- vide rent note Ex. AW 2./1. The ejectment of the tenant was sought, inter-alia, on the ground of conversion of the residential portion on the first floor into a non-residential one without the permission of the landlords and, secondly, that the defendants have materially impaired the value and utility of the building by making alterations like converting the open varandah into a closed room on the first floor of the building besides demolishing the boundary wall about 7 in length and making a passage in order to connect the building in dispute wi





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