Shri Gaushala Bhiwani Road Jind Thru. Bhal Chander v. Chandi Ram S/O Ram Phal




    
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 $"#   * ##   "  # " "  " Gurbachan Singh vs. Shivalak Rabber Industries, 1996(1) R.C.R. (Rent) 398; Bhagirath Mal vs. Smt. Yuvrani Sahiba, 2005(1) R.C.R. (Rent) 56 and Piara Lal vs. The Liquidator Cooperative Store, Kapurthala, 2004(2) R.C.R. (Rent) 214. 8.

Per contra, learned counsel for the respondent argued that the findings as given by learned Appellate Authority were well reasoned. The

00 petitioner had failed to produce any evidence whatsoever on record to prove that there was any material impairment in the value and utility of the demised shop. The respondent, on the other hand, was proved to have opened door in the western side of the demised shop after seeking oral permission from the authorities of the petitioner and in lieu thereof, he was also proved to have deposited an amount of Rs.10,000/- in favour of the petitioner. By simply opening door in the western side of the demised shop, no act of material and permanent impairment could be inferred. It was not proved that the value of the demised shop had been reduced. The alteration as made by the respondent was of such nature which was necessary for running his business. The door could be shut without any damage to the demised shop. Hence, it was urged that the revision petition being devoid of any merit was liable to be dismissed.

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