J.V.GUPTA, J. - (1.) THIS is tenant's petition against whom the order of ejectment from the two shops in dispute has been passed on the ground that there is a change of user.
(2.) IT is the admitted case of both the sides that Deep Chand is a tenant under landlord Devinder Parshad in respect of two shops situate at Delhi road, near Churamani Hospital, Hissar, against a monthly rent of Rs. 32/-. The landlord sought the ejectment of his tenant on the ground that he was in arrears of rent; that the tenant has changed the nature of the user of the building i.e. instead of using it as a shop, he was using the same as his residence; that the tenant has started operating a Bhatti, as a result of which damage has been caused to the building and lastly that the existence of Bhatti is a source of nuisance to the neighbors. The allegations contained in the application for ejectment were controverted. It was admitted by the petitioner that he was tenant in the two shops at a monthly rent of Rs. 16/- each, which includes house-tax. The tenant-petitioner further averred that he tendered the rent with interest on the first date of hearing. He further stated that he is a dhobi by profession and the unit was taken from the very beginning for residence and for washing of clothes. The building was never taken for business purposes.
(3.) THE only ground which prevailed with the Rent Controller was that the tenant was liable to be ejected from the shops in dispute on account of the change of user. All other grounds were negatived. consequently, an order of ejectment was passed against the tenant. In appeal the learned Appellate Authority affirmed the said findings of Rent Controller and thus maintained the order of ejectment passed in favour of the landlord. Dissatisfied with the same, the tenant has come up in revision in this Court.;