J.V. Gupta, J. - (1.) This is landlord's petition in whose favour eviction order was passed by the Rent Controller but was set aside in appeal.
(2.) The landlord Bhagwat Parshad sought the ejectment of his tenants from the demised premises which was rented originally to Nanak Chand Harijan on a monthly rent of Rs. 7. The said Nanak Chand died on 1.1.1975 and thereafter his widow Smt. Parmeshwari and bis son Sher Jung continued in occupation on the same terms as tenants. According to the landlord, the tenants had changed the user of the premises in question and had started using the same for residence without his authority. It was also maintained that the tenants had also started tying a Jhota (he buffalo) in the demised premises and has thus materially impaired the value and utility of the demised premises. The tenants denied the said allegation of the landlord. According to them, the premises in question were residential building. Nanak Chand took the same for his residence about thirty years ago from Shri Ram Sarup, the father of the present landlord bhagwat Parshad. It was also pleaded that Nanak Chand used to have a Jhota and a cart and since then his son is also having the same.
(3.) The learned Rent Controller found that the tenants have changed the user of the premises in dispute. Since the premises was described as a shop throughout and, therefore, the same was meant for doing business. Since the tenants are residing therein it amounts to change of user. In view of this finding eviction order was passed on 29.9.1980. In appeal, the Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that there was no change of user as alleged by the landlord. Consequently, eviction order was set aside.;