PUNAM CHAND Vs. KAILASH CHAND AND ORS.

JUDGEMENT

(1.) BY this common judgment two Civil Revision Petitions No.3798 and 3799 of 1987 can conveniently be disposed of together as both the revisions are directed against the order passed by the learned Rent Controller, Hansi, dated 29.8.1986 and of the learned Appellate Authority, Hisar, dated 16.11.1987.

(2.) THE relevant facts are that Kailash Chand and others filed a petition for eviction under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') - The eviction of the petitioners was claimed with respect to the suit premises. The two grounds which survive for consideration were as to if the property in question has become unsafe and unfit for human habitation and whether the petitioner without the written consent of the respondent -landlords had changed the user of the property. The respondents claim was that initially the tenant had started the business of timber under the name and style of Radha Swami Timber Store but presently he has started the business of repairing the engines of tractors etc besides working as carpenter and fabrication of door frames etc. The other grounds of eviction did not find favour with the learned Appellate Authority nor there was any controversy raised regarding the same in this Court.

(3.) BOTH the learned Rent controller as well as the learned Appellate Authority found that the property in question had been let for sale of the timber. Subsequently, a lathe machine had been installed. The engines were being repaired and that this was a change of the user. It was also held that the suit property has become unsafe and unfit for human habitation.