ATUL CASTINGS LIMITED Vs. BAWA GURVACHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The issue that has come up for consideration and decision in this appeal is "whether use of one room to attend some office files at home in a building leased for residential purpose, renders a tenant liable for his eviction from the building under S. 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949."

(3.) This appeal is filed by the tenant who has suffered an order of eviction under S. 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act'). The respondent herein, the landlord, filed a petition for eviction of the appellant from the premises on the ground of non payment of arrears of rent and using the premises for the purpose other than residence stating that the change of user had been effected without written consent of the landlord. However, during the pendency of the proceedings, the landlord did not press the eviction petition on the ground of non-payment of arrears of rent. The Rent Controller ordered eviction of the appellant from the premises accepting that he was using a part of the premises as office contrary to the purpose stated in the lease-agreement. The appellant filed the appeal before the appellate authority challenging the order of the Rent Controller. The appellate authority dismissed the appeal agreeing with the Rent Controller. The appellant approached the High Court by filing a revision petition questioning the validity and correctness of the order of the appellate authority confirming the order of eviction passed by the Rent Controller. The High Court by impugned judgment and order upheld the order of eviction by dismissing the revision. Hence the appellant has filed this appeal.