JUDGMENT
V.S Aggarwal, J.
1. The present revision petition is directed against the order passed by the learned Rent Controller, Amritsar dated 5.9.1979 and of the Appellate Authority, Amritsar dated 15.10.1979. The petition for eviction filed by the petitioner was dismissed by the learned Rent Controller and the order was upheld by the Appellate Authority.
2. The sole ground of eviction pressed has been that the respondent had made material additions and alterations which has impaired the value and utility of the premises. The same were alleged to be :-
1. That the respondent has set up a mezzanine (miani) without the written consent of the petitioner.
2. That the floor has been changed thereby reducing the level by 3″.
3. The learned Rent Court had found both these controversies against the petitioner. The appeal is referred to above had been dismissed.
4. Learned counsel for the petitioner urged that so far as reducing of the level by 3″ is concerned, the learned Appellate Authority has not recorded any finding. To this extent in fact it is so. But perusal of the judgment of the Appellate Authority reveals that this question had not been agitated by the petitioner before the Appellate Authority. The only question agitated was setting up of the mezzanine (miani). In the grounds of revision, this fact has not been pleaded. That being so, for the first time when this question has been agitated before this Court, it cannot be allowed to be raised in this Court.
5. As regards setting up of the mezzanine (miani), the findings of fact had been arrived at by the authorities below that this had been done with the consent of the previous landlord. The evidence on the record support the said finding. The reasons are not far to fetch. When the mezzanine (miani) was set up it had been so done when the property had not been purchased by the petitioner. The previous landlord took no action. This supports the contention of the respondent that it was done his consent. In these circumstances, there is no ground to interfere in the impugned judgement of the authorities below.
6. As an offshoot of these reasons, the revision petition must fail and is dismissed.
7. Revision dismissed.