DAYAL DASS Vs. RADHA KISHAN

JUDGEMENT

(1.) RADHA Kishan and Murli Dhar, respondents are the landlords of the demised premises, specified as Nohra Ahata (rented land), situated in Bhiwani which is in occupation of Dayal Dass petitioner and Ghansham Dass, respondent, as tenant. The respondent-landlords filed an application for ejectment against the tenants on the grounds (1) non-payment of arrears of rent; (2) they wish to raise construction thereon; (3) the tenants had installed fodder cutting electric machine resulting in the impairment of value and utility of the demised premises; (4) the tenants have caused damage to the building rendering it dangerous and unfit for human habitation and (5) change of user.

(2.) THE arrears of rent was tendered on the first date of hearing and the ground of non-payment was given up. The petitioner denied that the demised premises was rented land. According to him, the same was Nohra (building). It was also denied that the building has been rendered dangerous and unfit for human habitation or it has suffered impairment, as alleged.

(3.) THE learned counsel for the petitioner has argued that the demised premises is a rented land and it has been wrongly held to be a building. The contention is without merit. The landlords did state in their application for eviction that the premises is Nohra Ahata (rented land). The stand of the petitioner has been that the demised premises is a building. An issue was framed on this point. The Rent Controller and the Appellate Authority have recorded a finding in favour of the petitioners that the demised premises is a building. The petitioner cannot make a grievance of a finding which has been recorded in his favour and that too in tune with his stand.