HEMANT GUPTA, J. - (1.) The landlord is in appeals aggrieved against an order passed by the High Court of Punjab and Haryana on 04.03.2009 whereby the club activities were not held as business within the meaning of Section 2(f) of the Haryana Urban (Control of Rent and Eviction) Act, 1973(Hereinafter referred to as the 'Act ') so as to apply the Act to the rented land. The High Court has set aside the orders passed by the Rent Controller as well as by the Appellate Authority holding that the rented land is being put to use for the purpose of business.
(2.) The facts leading to the present appeals are that one Telu Ram was the original owner of the property. Bhagwan Dass held occupancy rights in terms of the Punjab Tenancy Act, 1887. Bhagwan Dass earlier executed a gift deed in favour of Louis club on 16.01.1909 for the purpose of running a club only after construction of a building thereon in respect of land bearing Khasra No. 770 comprising 15 bighas and 12 biswas and Khasra No. 771 comprising of 0 bighas 8 and biswas i.e. total admeasuring 16 bighas. Bhagwan Dass had doubt about the gift since he had only occupancy rights and therefore, a lease deed was executed, after cancelling the gift deed, in favour of the Respondent No. 2 herein on 03.03.1909. The rent was Rs. 10/- per year besides land revenue. The tenant was given authority to use land for the purpose of club. It further provided that if there is any construction, the landlord will pay market price of it. The lease deed in question reads as thus: " I, Bhagwan Dass S/o Lala Bihari Lal Mahajan is resident of City Ambala. That land in Khewat no. 10/12, Khasra No. 542, 543 measuring 15 Bigha 16 Biswa situated in Patti Acharjan, City Ambala, executant has occupancy rights U/s 6 as per tenancy law Punjab. That the executant with his own free will without any pressure gave possession for Entertainment vide Gift dated 16- 01-1909 in favour of Louis Club, Ambala City and possession was also given to the Club. The gift deed was also got registered. As gift deed as per condition on line no. 12, 13 of gift deed is not legally valid, so said Gift deed was cancelled by the present deed. Occupancy rights are given to Louis Club on perpetual leases. All the rights are given to the club for its use. Club is in possession. Club is authorized to use the land for the purpose of Club. For the occupancy rights of executant the rent has been fixed at Rs.10/- per year which will be paid yearly. Land revenue and amount to be paid to the owner of the land will be paid by Club. Club is authorised to get the said amount remitted from Govt. or owner or they may pay them. The condition is that if Club cease to exist and land is not used then the land will come back to the executant. If there is any construction the executant will pay the market price. If executant does not pay the said price the Club is authorised to remove his material or to sell the same to somebody else. The executant will have no objection. The owners have given consent separately for the above. That perpetual lease deed has been scribed on 03-03-1909."
(3.) It is an admitted fact that a pavilion was constructed, which was used for the purpose of club only. The Respondent No. 2 herein created a sub-lease in favour of Ladies Tandon Club. Later, one portion of the property was transferred to the Municipal Committee. The Municipal Committee changed the use of the property by sinking a tubewell for the use of residents of the town. Therefore, the appellants filed a petition for ejectment inter alia on the ground of non-payment of rent; (2) subletting of the premises without the consent of the landlord; and (3) that the property had been abandoned by the first respondent which had ceased to exist and the premises were now being used for the offices of different departments that is the property has been put to unauthorized use.;