MAMAN CHAND GUPTA Vs. LAKHPAT RAI

JUDGEMENT

(1.) THE present revision petition has been filed by Maman Chand Gupta and others (hereinafter described as "the petitioners") directed against the order passed by the learned Rent Controller, Narnaul, dated 12.11.1992 and of the learned Appellate Authority, Narrnaul, dated 13.2.1995. The learned Rent Controller had dismissed the application for eviction filed by the petitioners and the said orders had been upheld by the learned Appellate Authority.

(2.) THE relevant facts are that the petitioners filed eviction application against the respondents. Amongst the large number of grounds that were taken, the surviving grounds of eviction which require consideration are non-payment of rent, the property having become unsafe and unfit for human habitation and change of user of the suit premises. The case of the petitioners is that the suit property was let to the O.P. Gupta at a monthly rent of Rs. 2/- w.e.f. 16.12.1954 vide rent note Exhibit PW5/A. It was prayed that the respondents are liable to be evicted because they have not paid the arrears of rent from 1981 till the filing of petition on 12.6.1986 besides house tax. It was also asserted that the property in dispute had been let as a shop but the respondents are using the same as a godown; and, lastly, the suit property has become unfit and unsafe for human habitation.

(3.) THE learned Rent Controller had framed the issues. It was held that the suit property is being used from the beginning as a godown. There was no change of user. It was further held that the rent had been tendered and the ground of eviction was not available that the respondents have failed to pay or tender the arrears of rent. The question as to if the property had become unsafe and unfit for human habitation was also answered against the petitioners. As mentioned above, the appeal filed against the said order also failed as a result of which the present revision petition has been preferred.