VIJAY KUMAR GOYAL AND ORS. Vs. KAILASH NATH

JUDGEMENT

(1.) THE present revision petition is directed against the judgment of the learned Appellate Authority, Sirsa, dated 4.5.1998. By virtue of the impugned order, the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Sirsa, dated 13.12.1993 and instead dismissed the petition for eviction.

(2.) THE relevant facts are that Ram Kumar, predecessor -in -interest of the petitioners, had filed eviction petition against the respondent with respect to the property in question. It was asserted that a rent note dated 23.7.1986 was executed. The property in question was let out for residential purpose. The respondent in violation of the above -said rent note had started doing business in the suit premises in the name and style of M/s Durga Rubber Agency, Sirsa. The permission of petitioner has not been taken for use of the premises for commercial purposes. The respondent has installed boards by making holes in the premises. Other grounds of eviction had been taken but they do not survive for the purpose of the present revision petition.

(3.) THE learned Rent Controller had framed the issues and recorded the evidence. The learned Rent Controller on appreciation of the evidence held that the property in question was let out for residential purposes. Part of it is used for commercial purposes. An order, of eviction was, therefore, passed.