JUDGEMENT
J.V.GUPTA, J. -
(1.) THIS is a tenant's revision petition against whom the order of ejectment has been passed by both the authorities below.
(2.) THE landlord sought the ejectment of his tenant from the premises in dispute which consists of a shop. It was rented out by Dr. Ajmer Singh (now deceased) vide rent note dated 10.3.1967, Ex.A4, at a monthly rent of Rs. 20/-. According to the terms of the rent note, the shop was leased out for doing the business of dry fruit and Soda Water, but now the tenant is using the premises for selling Pakauras therein and has thus, changed the user and was liable to eviction.
In the written statement filed on behalf of the tenant, it was denied that he was using the shop in dispute for a purpose other than for which he had taken it on rent. He also denied that he had installed any oven (angithhi) therein. According to him, the business carried on by him in the demised shop did not tantamount to nuisance, nor did it interfere with the profession of the landlord. It was also pleaded that the oven was placed outside the shop, where Pakauras were prepared.
(3.) THE Rent Controller found that the tenant was using the shop in dispute for a purpose other than for which it was let out to him. It was on this account that the order of ejectment was passed against the tenant. In appeal, the learned Appellate Authority affirmed the said findings of the Rent Controller and thus, maintained the order of ejectment. Dissatisfied with the same, the tenant has come up in revision in this court.;
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