JUDGMENT

S.N. Variava, J.-This Appeal is against a Judgment dated 14th March, 2000.

2. Briefly stated the facts are as follows:

The Appellant, who is a landlord of the concerned premises, filed Eviction Petition on two grounds, namely, arrears of rent and secondly that there was material alteration in the shop without the written consent of the landlord. The Appellant claimed that the shop had thus been materially impaired in value and utility. The Respondent immediately deposited the rent in Court and, therefore, the first ground did not survive. The Petition was contested only on the ground of material alteration.

3. On 9th November, 1987 the Rent Controller rejected the ejectment Petition holding that the Appellant had not been able to prove that the Respondent had made any additions/alterations. The Rent Controller also held that the alterations were not of such a nature that they had impaired the value and utility of the shop.

4. The Appellant filed an Appeal which was allowed by an Order dated 26th May, 1989. The Appellate Court held that the additions/alterations had been made by the Respondent-tenant and that they materially impaired the value and utility of the shop. The R