ROOP CHAND Vs. GOPI CHAND THELIA

JUDGEMENT

(1.) This appeal by special leave is by a tenant and is directed against the judgment of the High Court of Rajasthan in Civil Second Appeal No. 59 of 1978 confirming the judgment of the Appellate Court whereby the appellant was held liable to be evicted from the premises leased to him by the respondent on the ground of having parted with the possession of the premises.

(2.) C. M P. No. 906 of 1979 has been filed by the respondent under Order 41 Rule 27 C. P.C. for certain documents being received as additional evidence.

(3.) In so far as the facts are concerned, there is no controversy whatever. In January 1963, the appellant took on lease from the respondent a building situate in Rasta Ka Gheewalan in the city of Jaipur. In the Deed of Rent executed by the appellant, there was an express provision that he should not sublet the premises to anyone. However, in March 1968, a social club known as the Lokpriya Social Club came to be opened in the premises and the members of the club began using the premises for playing cards, chopar, chess etc. every evening till about midnight or even till I a.m. The functioning of the club in the premises led to the respondent filing a suit against the appellant seeking his eviction on two grounds viz. (1) subletting the premises contrary to the terms of the lease deed and (2) conversion of the user of the premises from residential to non-residential purposes. As it has been concurrently held by the first two courts that the premises had not been leased for residential purposes, no further advertence is called for to the second ground on which the eviction was sought for.