NARINDER KAUR SAHI Vs. MEHNGA RAM

JUDGEMENT

(1.) THE present revision petition has been filed by Smt. Narinder Kaur Sahi and another, hereinafter described as "the petitioners" directed against the judgment of the learned Appellate Authority, Chandigarh, dated 1.5.1981. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order of eviction passed by the learned Rent Controller, Chandigarh and instead dismissed the application for eviction.

(2.) THE relevant facts are that the petitioners had filed an eviction petition against the respondent with respect to the property in dispute. It is stated to be a ground floor portion of SCO No. 1022 Sector 22-B, Chandigarh. The same had been let to the respondent. The ground of eviction which survives and requires consideration has been asserted to be that the respondent in violation of the terms of the lease and also by contravension of rules under the Capital of Punjab (Development and Regulation) Act, 1952, had committed breach of the conditions. The respondent is using the building for a purpose other than it was let. The building was let for running of the business connected with general trade but the respondent had put the building for different use and has converted it into restaurant and a Halwai Shop. This change of user was stated to have been effected after the commencement of the East Punjab Urban Rent Restriction Act, 1949, as applicable to Chandigarh, (for short "the Act").

(3.) ON merits, it was admitted that the respondent is a tenant in the suit premises. It had been denied that the property has been resumed as a result of any act of the respondent. The suit premises were stated to be used for the purpose of running a sweet shop under the name and style of M/s Nirankari Sweets and Restaurant from the date of the creation of the tenancy. The same was the purpose of letting. It is, therefore, denied that the purpose of letting has since been changed.