NAGIN CHAND Vs. KAUSHALYA

JUDGEMENT

(1.) NAGIN Chand petitioner was let out the shop in dispute at Rs. 16 per month by Mulkh Raj predecessor-in-interest of Kaushalya Devi and other respondents. Mulkh Raj died in March, 1971. Kaushalaya Devi and others landlords sought the ejectment of Nagin Chand petitioner on the grounds on non-payment of arrears of rent, change of user and sub-letting in favour of Ashok Kumar and Dharshan Lal.

(2.) THE arrears of rent was tendered on the first date of hearing. The petitioner denied that he was liable to be ejected on the ground of change of user or sub-letting in favour of Ashok Kumar and Darshan Lal.

(3.) NAGIN Chand has admitted that he started oil business in the shop. It was let out to him in 1958 and that in 1971, he obtained oral permission of Mulkh Raj (landlord) for starting cloth business. The learned Appellate Authority has observed that if the shop had not been let out specifically for carrying on the oil business then what was the need for the petitioner to seek permission of the landlord to start the cloth business. The learned appellate authority has, therefore, inferred that the shop had been let out for oil business and cloth business had unauthorisedly been started there in 1971. It is not disputed that cloth business is still being carried on in the shop. The change of user of the shop in 1971 had not been effected with the written consent of the landlord. Nagin Chand petitioner having made unauthorised change of user of the shop has rightly been held liable to be ejected on this ground.