PERA RAM RAHEJA Vs. MURTI SIRI KRISHAN CHADER JI SATHAPITSH. THAKUR DOWARA, MOHALLA JAMALPURA, SONEPAT

JUDGEMENT

(1.) THE premises were let out to the petitioner for carrying on the business of Halwai He changed the user to Rickshaw repairs and hiring and on the ground of change of user, order of ejectment has been passed by both the Courts below. The hearing of the revision petition was deferred to await the decision in Sikander Lal v. Amrit Lal, C. R No 167 of 1979, which had been referred to Full Bench. The Full Bench has taken a decision in Sikander Lal v. Amrit Lal (1), that if the premises is used for an added ancillary purpose to the main original purpose, then in the eyes of law it would be deemed to be within the terms of the original lease. In the present case, the learned counsel for the tenant is unable to point out if the change of user from Halwai business to Rickshaw repairs and hiring would be an ancillary purpose to the main original purpose. Accordingly, there is no ground for interference with the ejectment orders passed by the two Courts below. This revision is dismissed in limine However, a month's time is allowed to the petitioner to vacate the premises.