Unauthorized construction leading to impairment of the value and utility of the premises can justify eviction of a tenant.

Surinder Singh, J.

1. This Revision Petition arises out of concurrent decision of two Rent Control Authorities. The respondent Landlady filed an application for eviction of the petitioner from the premises in dispute which is mentioned in the ejectment application "premises marked L in green colour in the site plan attached." The boundaries of the disputed property have also been mentioned. According to the case of the respondent, the property in question which was a part of Khasra No. 14(sic)7, originally belonged to Dr. Ramesh Chander who had let out the same to the petitioner at a monthly rent of Rs. 10/- and at the time of the said lease, the petitioner was permitted to construct the shop as shown in green colour in the plan A3. The property was later on purchased by the respondent from Dr. Ramesh Chander and she had, thus, become the landlady. The ejectment of the petitioner was sought on two grounds, namely, default in payment of arrears of rent and material impairment of the value and utility of the premises caused by the construction of a new room along with an incomplete Bala Khana. The ejectment application was resisted by the petitioner and the Rent Controller framed the necessary is use to cover the points in controversy. The ground of default is not longer in dispute and he only point on which the parties fought the battle, is as to whether the petitioner had materially impair the value and utility of the premises. The Rent Controller after considering the evidence produced by the parties held that by raising the unauthorised construction over the site in question the petitioner had made himself liable for eviction. The petitioner was, thus ordered to be evicted from the premises, though he was allowed about two months time to vacate the same. In appeal, the Appellate Authority affirmed the decision of the Rent Controller. The present Revision petition has now been filed with a view to impugn the verdict of both the Authorities.

2. The learned counsel for the petitioner has submitted certain points which may be noticed. It is contended in the first instance that what was let out to the petitioner, was only rented land and the Authorities below were not justified in ordering eviction of the petitioner from the building constructed on the said land. The, argument is absolutely without force. In the first place, no such objection was ever raised in the written statement field by the petitioner, nor was any issue struck on the point. The petitioner cannot be allowed to raise such a point for the first time in the present Revision Petition. Apart from this, it is not conceivable that the Rent Control Authorities should order the eviction of the petitioner only from the land in question and at the same time allow the petitioner to continue occupation of the building on the said lard. The contention of the learned counsel is, therefore, repelled.

3. The second submission of the learned counsel for the petitioner is that the finding of the Authorities below that the value and utility of the building had been impaired, was erroneous. Here again the argument is without force. There is hardly and dispute and, in fact, the petitioner was obliged to admit in his statement made before the Rent Controller that he had constructed an additional room on the site. The Authorities below also recorded a concurrent finding that the petitioner had raised some construction on the first floor of the premises which he could not complete. In view of these findings and the admission of the petitioner himself, the Authorities below were quite correct in holding that by raising unauthorised construction on the site the value and utility of the building had been impaired. There is no ground made out for varying this finding. The ejectment of the petitioner from the premises is, therefore, inevitable.

4. The last submission of learned counsel is that the predecessor of the respondent i.e. the original landlord had permitted the construct