SUDARSHAN LAL Vs. BHUSHAN SEHGAL

JUDGEMENT

(1.) THE present revision petition has been filed by Sudarashan Lal presently represented by his legal representatives. The same is directed against the judgment of the Appellate Authority, Gurdaspur dated 26.8.1981. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order passed by the learned Rent Controller and instead passed an order of eviction against the petitioner.

(2.) THE relevant facts are that the respondents had filed a petition for eviction against petitioner Sudarshan Lal with respect to the property in dispute. The suit property is a shop situated within the limits of municipal town Pathankot. It was earlier owned by Raghuwar Dass. The property in question was let by the said landlord. The eviction was claimed on the ground that the property had been let at a monthly rent of Rs. 75/-. There are outstanding arrears due from 1.10.1975 to 31.3.1978 and also from 1.4.1978 to 31.3.1979. It was also asserted that the property had been let for doing the embroidery work but the tenant is running a hotel in the said shop. The act of the petitioner are nuisance. The petition for eviction was contested. The petitioner's claim was that the rent was only Rs. 30/- P.M. It was denied that there is any change or user of the premises or that the acts of the tenant were a nuisance.

(3.) ON behalf of the respondents, preliminary objection was taken by the learned counsel that it is a finding of fact arrived at by the Appellate Authority and this Court, therefore, should not interfere.