G.C.Garg, J.

1. The respondent-landlord filed a petition against the petitioner-tenant under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 seeking eviction from a shop situated within the municipal limits of Safidon, inter alia, alleging that the tenant was in arrears of rent and the house tax, the demised premises had become unfit for human habitation and that the tenant had carried out extensive repairs without his permission and consent, inasmuch as he removed a partition wall in the shop, plastered the four walls and relayed the floor and thereby materially impaired the value and utility of the building. The tenant refuted the allegations levelled in the petition and asserted that the tenanted premises are absolutely fit for human habitation and no repair or changes in the structure of the building has been effected by him, therefore, there is no question of impairing the value and utility of the building.

2. The trial, the landlord pressed only two grounds i.e. the building had become unfit for human habitation and the respondent had effected extensive repairs in the demised premises thereby materially impairing the value and utility of the d