- (1.) The petitioner has filed an application for ejectment of the respondent from the demised premises on a number of grounds, which are as follows:- 1. That the respondent has not paid the rent of the above mentioned premises to the applicant w.e.f. 1.2.1982 to date at the rate of Rs. 175/- per month as per rent note dated 8.11.1978. 2. That the Municipal tax has been enhanced by the N.A.C. Goraya and this is the liabilities of the respondent to pay as per the record of the NAC, Goraya. 3. That the respondent has effected material alterations in the said premises by demolishing inner wall of the shop on ground floor on 6.3.1983 and has demolished the water tank in the premises on the ground floor and has extended the same by demolishing the earlier one resulting in crackings of the stair case of applicant's premises on the western side of the suit premises. 4. That the respondent has changed the user of the said premises, the premises on the ground floor are being used by him for photography purposes whereas he took as residential purposes.
(2.) The respondent took a number of preliminary objections. On the merits of the case put forwarded by the petitioner, it was denied that he is in arrears of rent. The learned Rent Controller, on the pleadings of the parties, framed the following issues:- 1. Whether the tender is short? OPA 2. Whether the respondent is liable to be ejected on the ground of material alterations, non payment of rent and change of user as alleged in the application? OPA 3. Whether the application is not maintainable as alleged in the reply filed by the respondent? OPR 4. Relief.
(3.) The issue with regard to the maintainability was not pressed before the learned Rent Controller, issues No. 1 and 2 were answered against the landlord-petitioner. Consequently, the ejectment petition was dismissed.;