- (1.) This revision petition under section 15 (5) of the East Punjab Rent Restriction Act, 1949, is directed against the judgment dated November 21, 1973 rendered by the Appellate Authority under the said Act.
(2.) The brief facts of the case, which give rise to the controversy, are as under :-
(3.) The shop in dispute belongs to Seth Rama Nand Kidar Nath Trust. It was leased out in favour of the appellant by Shri Hardwari Lal, President of the Trust. In the rent note dated March 1, 1962 (Ex.A/1), it has been specifically stated that the petitioner had obtained the shop for carrying on the business of carpentry. The President of the Trust filed an application for the ejectment of the petitioner on the ground that the shop was being used by him for a purpose other than the one for which it had been let out. It was urged that the petitioner had installed a lathe a drilling machine and a grinder run on electricity in the same premises. The case of the petitioner was that the latter had been installed in the premises for rounding the logs of wood. The learned Rent Controller framed the following issues - 1. Whether the respondent is liable to eviction on the ground mentioned in para No. 3 (b) and (c) of the application ? 2. Whether no notice has been served upon the respondents ? 3. Relief. The learned Rent Controller held that the petitioner had changed the user of the building and a proper notice had been served upon him. On this basis, the claim of the respondent was decreed. The appeal filed by the petitioner was dismissed.;