AUGUR NATH Vs. KISHAN CHAND

JUDGEMENT

(1.) AUGUR Nath petitioner (hereinafter referred to as 'the landlord') has filed the instant petition against the order passed by Additional District Judge, Jalandhar, exercising the powers of Appellate Authority under the provisions of East Punjab Urban Rent Restriction Act, 1949, (hereinafter referred to as 'the Act') vide which the order of Rent Controller, Jalandhar, ejecting the respondent Kishan Chand (now deceased through his legal representatives) (hereinafter referred to as 'the tenant') on the ground of change of user, was reversed.

(2.) THE demised premises, in the present case, is a shop, situated at Attari Bazar, Jalandhar. It was let out by the landlord to the tenant vide rent note dated 4.8.1961 at monthly rent of Rs. 23.50. In the year 1982, the landlord filed the ejectment application under Section 13 of the Act for ejectment of the tenant from the demised shop on the grounds of non-payment of rent, change of user of the demised shop to godown and the premises having become unfit and unsafe for human habitation. The tenant contested the ejectment application. He tendered the claimed rent on the first date of hearing and denied the allegations of the landlord on the other two grounds. The learned Rent Controller, after taking into consideration the evidence led by both the parties, passed the order of the ejectment against the tenant on the ground of change of user. The other ground of ejectment was held to be not proved by the landlord. Regarding change of user, the learned Rent Controller has held that the tenant, who took the shop in question for running the business of cloth, is using the same as a godown, which amounts to change of user and the tenant is liable for ejectment from the demised shop.

(3.) AGGRIEVED against the said order, the landlord has filed the present revision petition.