NAND KISHORE Vs. YASHPAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 1st of November, 2006 passed in Civil Revision Case No. 4735 of 2001 by the High Court of Punjab and Haryana at Chandigarh wherein the High Court had allowed the revision petition and set aside the judgment passed by the Appellate Authority, Chandigarh which had set aside the judgment and order of the Rent Controller, Chandigarh rejecting the application for eviction filed by the landlord/appellant (hereinafter referred to as the 'appellant')

(3.) The appellant, who had purchased the House No. 189, Sector 11-A, Chandigarh (which is in a residential area) in an auction in 1990, raised a construction on that plot which is 500 Sq. Yds. (hereinafter referred to as "the demised premises"). As the appellant has settled in U.K., his father Shri Mange Ram, who is a permanent resident of India, had inducted the respondent as a tenant in a part of the residential premises for residential use in the month of April, 1994. The tenant/respondent (hereinafter referred to as the 'respondent'), according to the appellant, without the consent and permission of the appellant, started commercial activities in the demised premises from December 1994. The appellant filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act"), for eviction of the respondent from the demised premises on the ground that although the demised premises was let out for residential purposes, the respondent had, without the consent and permission of the appellant, started using it for commercial use. The eviction application was dismissed by the Rent Controller, Chandigarh, against which an appeal was taken before the Appellate Authority, Chandigarh, which was allowed by its order dated 14th of August, 2001. Against this order of the Appellate Authority, the respondent filed a revision petition before the High Court and by the impugned Judgment of the High Court, the eviction petition of the appellant was dismissed and the order of the Rent Controller, Chandigarh was restored.