Hemant Gupta, J.

1. The tenant is in revision petition aggrieved against the order passed by the learned Appellate Authority whereby the petitioner has been ordered to be evicted on the ground that he had caused such acts which have materially impaired the value and utility of the tenanted premises.

2. The respondent-landlord has sought ejectment on the ground that the tenant has constructed a partition wall inside the room, water tank and a drain which acts have materially impaired the value and utility of the disputed premises. To prove such impairment, the landlord has examined building expert AW1 Dhanna Singh. The tenant has examined another expert RW4 Kehar Singh. Apart from such experts, the parties have stepped into the witness box as their own witnesses and also produced other oral evidences.

3. The allegation of material impairment is in three parts. Firstly, the tenant has constructed a wall to divide the shop into two. The said wall has a door as well. Secondly, the tenant has constructed a water tank for the storage of water and also a drain in the room to discharge waste water. Thirdly, the dampness on the wall is on account of waste water.

4. To prove that the