S.S.SANDHAWALIA, J.

1. Whether unauthorised permanent version of verandahs into rooms and installation of a door by a tenant, acts likely to impair materially the value or utility of the demised premises , in the meaning of Section 13(2)(iii) the East Punjab Urban Rent Restriction Act. 1949, is the somewhat interesting question which has necessitated this reference to the Division Bench.

2. At the revisional stage the matrix of facts giving rise to the aforesaid issue are not in serious dispute and may, therefore, be briefly noticed. Narain Singh petitioner (now deceased) had preferred a petition for ejectment against Messrs. Bakson Laboratories and its sole proprietor Shri R.L. Soni from Bungalow No.456-L. Model Town, Jullundur. Amongst various other grounds it was specifically alleged that the respondent had covered the verandahs on the front and back sides of the bungalow and had opened a door by breaking a wall of a room and thus diminished the value and utility of the premises and further that their presence was a nuisance to the petitioner and his neighbours. In contesting the ejectment petition the respondent had admitted the tenancy and had controverted the allegati