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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Aziz Ullah – Appellant
Versus
Musharraf Hussain Deceased – Respondent
JUDGMENT :
Ajit Kumar,J.
1. Heard Mr. I.N. Singh, learned counsel appearing for the tenant-petitioner and Mr. R.S. Pandey, learned counsel appearing for landlord-respondents.
2. This petition has been filed under Article 227 of the Constitution invoking superintending/supervisory jurisdiction of this Court questioning the judgment and decree passed by Judge, Small Cause dated 18.12.2018 in S.C.C. Case No. 11 of 1999 whereby the suit for arrears of rent and eviction, both on the ground of default in payment of rent at the end of tenant petitioner as well as for material alteration of the building within the meaning of Section 20 (2) (c) of Act No. 13 of 1972, has been decreed. The said decree came to challenged unsuccessfully in Small Cause revision by the tenant petitioner as the same has also came to be dismissed vide judgment and order dated 18.12.2024. The said judgment is also challenged before this Court in this petition.
3. Mr. I. N. Singh, learned counsel appearing for the petitioner has basically argued on the point of material alteration of the building for which the suit has been decreed. Although he has also tried to assail the order on the point that findings to the effect
Material alterations affecting rented property must permanently diminish value from the landlord's perspective to qualify for eviction under relevant law.
Tenants must obtain written consent for material alterations; failure to do so can justify eviction under the relevant tenancy laws.
The main legal point established in the judgment is the interpretation of the definition of 'building' under the UP Urban Buildings Act and the jurisdictional aspects of suits before the Small Causes....
Material impairment of value or utility of premises justifies eviction under Section 22(2)(c) of the Act.
Permanent alterations made by a tenant without landlord consent constitute grounds for eviction under Section 13(1)(b) of the Bombay Rent Act.
A landlord cannot seek eviction on arrears of rent if the statutory notice has not followed the deadline provision while unauthorized constructions can justify eviction if they are proven to cause de....
Unauthorized alterations became permanent constructions without landlord consent, justifying eviction under Section 13(1)(b) of the Bombay Rent Act.
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