M.S.Liberhan, J.

1. This revision petition has come up before us for decision keeping in view the conflict of decisions of this Court in Siri Ram v. Smt. Shila Rani, 1982 PLR 591 : 1982(1) RCR 613 and Sadhu Ram v. Niranjan Dass and another, 1983(2) Rent Control Reporter 446. In the former case the Honble Judge took the view that unauthorised construction by a tenant would itself amount to material impairment of the value and utility of the demised premises. On the other hand in Sadhu Rams case (supra) the view taken is that any construction raised by the tenant by itself would not entitle the landlord to claim his ejectment unless is further proved that such a construction has materially impaired the value and utility of the demised premises.

2. It would be expedient to collate the facts as found on appreciation of evidence by the authorities below and not challenged during the course of arguments.

3. The tenant took a shed measuring 30 x 17 on lease for running an industrial unit. He covered the open space on the back of the shed, removed the weight bearing back wall, the weight of the sheets of the shed is on the wall as no pillars have been constructed and removed the gr