A tenant's construction of a new room and other alterations to the rented property without the landlord's permission can constitute a material impairment of the value and utility of the property, justifying eviction.

1. The present revision petition has been filed by Rattan Lal, hereinafter described as the petitioner, directed against the order of eviction passed by the learned Rent Controller, Bhiwani, dated 18-9-1996 and of the learned Appellate Authority, Bhiwani, dated 23-7-1998. The learned Rent Controller had passed the order of eviction which was upheld by the learned Appellate Authority.

2. The relevant facts are that respondent Bihari Lal had filed a petition for eviction against the petitioner with respect to the premises in question. The grounds of eviction taken by the respondent were that the petitioner has not paid the arrears of rent despite repeated requests and that the petitioner has materially impaired the value and utility of the property. Besides that, the suit property was described to be unsafe and unfit for human habitation. Of these grounds of eviction, the first ground that the arrears of rent were due does not survive and is not subject matter of controversy in the present revision petition.

3. The petition for eviction had been contested. It was denied that by any act of the petitioner the value and utility of the property had been diminished or that the same has become unsafe and unfit for human habitation. According to the petitioner, the suit premises had been taken on rent about 30 years ago. The petitioner denied that he had demolished any portion of the premises which were shown with letter X in the site plan filed by the respondent. As per petitioner, due to rainy season some portion of the wall had given way. The petitioner had got it repaired. It was denied that any extra room had been set up. The petitioner asserted that the room was already in existence. He had simply got it repaired. The question of raising any new construction, as per petitioners averment, did not arise. It was denied that any new chapper had been established. It was even denied that there is change of the user of the property.

4. The learned Rent Controller held that there is no change of user of the premises in question. However, it was concluded that the property in question has become unfit and unsafe for human habitation and that the petitioners have diminished the value and utility of the property. As mentioned above, against the said order of eviction an appeal was filed. The learned Appellate Authority dismissed the appeal.

5. As mentioned above, the scope of the present petition was confined to the controversy as to if the value and utility of the property has been diminished and whether the suit property has become unfit and unsafe for human habitation.

6. A Local Commissioner had been appointed by the learned Rent Controller, Bhiwani, to visit the spot and report the precise position regarding the structure. The report of the Local Commissioner has been filed and relevant portion of it reads as under :-

"The main entrance of the demised premises was in East at point O with iron tin gate. There is a Chhapar which has been shown in the site plan as ABCD.There were two Khor for animals which are marked as a b at point d. There was a kachi latrine Wall E-F was in bad condition. There was a newly constructed room marked G-H-I-J and roof of the said room was built with Girder and Wooden Kaddis and wooden Fattis. The construction work of the roof of the room was in progress. Wall G-H was old and wall I-J was about 6-9" in height was old and remaining wall was new. There were four pillars which have been marked as e f g h and were newly built up to the roof level. One Gandasa was also present in the abovesaid roof. One Atta Chakki Machine was also present shown at point k. There was a ditch shown at point L. There was a covered Veranda which is marked as M-N-O-P.There was a covered room which is marked as O-P-Q-R and at point N-P-Q-S there was open wall N-S was in a broken condition. Five buffaloes were standing in the chhapper A-B-C-D".

7. Learned counsel for the petitioner urged that the respondent has not filed any pl