R.L.ANAND, J. - (1.) THIS is a landlord's revision petition and has been directed against the order dated 9th August, 1982 passed by the Appellate Authority, Jind, which reversed the order dated 25th September, 1981 passed by the learned Rent Controller, Jind, who allowed the application of Shri Ram Chander and passed the ejectment order directing the tenant to vacate the demised premises within two months from the date of passing of the said order.
(2.) THE brief facts of the case are that Shri Ram Chander filed an ejectment application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1972 (here-in-after referred to as 'the Act') against Shri Banwari Lal and Messrs Moti Ram Kumar, Timber Merchants, Jind Mandi, by inter alia alleging that he is the owner of the shop in dispute situated at Jind. The same was let out vide rent note dated 20th January, 1978. The shop consists of three 'khans' along with a verandah of northern side. According to the landlord, the tenant has not paid the rent w.e.f. 1.4.1979 to 31.12.1979 totaling Rs. 750/- at the rate of Rs. 83.33 per month. It is alleged by the landlord that the tenant is running a factory in the said shop. The ejectment has been sought on the ground of change of user by inter alia alleging that the premises in question was given on rent for the purpose of running a business of timber but the tenant has installed a cutter machine in the verandah and has further set up a lathe which is being run by an electric motor. This has been done by the tenant without the written consent of the landlord and thus it amounts to change of user. It was further alleged by the landlord that with the running of the said machine the condition of his building has been adversely affected. It creates sound and noise. He is residing in the upper storey of the said building. It has become a source of nuisance for him and to the neighbours. Therefore, the respondent-tenant is liable to be evicted. Notice of the petition was given to the respondents who filed the reply and denied the allegations made in the petition. The execution of the rent note dated 20th January, 1978 has been admitted. According to the respondents, the shop is in their possession since long. The annual rental of the said shop is Rs. 1000/-. Earlier the landlord applied for fixation of fair rent of the shop and in those proceedings a compromise dated 20th January, 1978 took place and the annual rent of the shop was increased from Rs. 750/- to Rs. 1000/-. The tenants admitted that they had fixed a small saw machine which was installed by him 8-9 years ago for the purpose of cleaning the wood. It was further pleaded by the tenants that on these very grounds the landlord had earlier made an application for their ejectment but the same was dismissed on 20th January, 1978 and on the same day the annual rent was enhanced from Rs. 750/- Rs. 1000/-. The respondents also denied the other allegations regarding nuisance and finally prayed for the dismissal of the ejectment application.
(3.) THE learned Rent Controller framed the following two issues : 1. Whether the respondents are liable to be evicted from the shop in dispute for the reasons stated in para 3 of the petition ? PA 2. Relief. ;