NARINDER PAL SINGH BINDRA Vs. HARMINDER KAUR DHINDSA

JUDGEMENT

(1.) THE present revision petition has been filed by Narinder Pal Singh Bindra (hereinafter described as the petitioner) directed against the order passed by the learned Rent Controller, Chandigarh dated 24.1.1994 and of the Appellate Authority, Chandigarh dated 29.10.1996. The learned Rent Controller had passed an order of eviction which was upheld by the Appellate Authority.

(2.) THE relevant facts are that respondent No. 1 filed the eviction petition against the petitioner and two others (respondents 1 and 2) with respect to the premises in dispute. It was asserted that property was let to respondents 2 and 3 for residential purpose except the garage with the condition that they will use the premises only for residence. A school has been started in the said premises under the name and style of Saraswati Model School. Respondent No. 1 objected but respondents 2 and 3 assured that building would be vacated. Thereafter respondents 2 and 3 closed their school and disbanded their establishment. They handed over the possession to the petitioner without permission and consent of respondent No. 1. A school has been started under the name and style of Stanford Public School. The other grounds of eviction are not in controversy in the present revision petition.

(3.) THE learned Rent Controller framed the issues and held that in fact respondents 2 and 3 were the tenants in the property. The property in question has been sublet to the petitioner and further the user of the premises has been changed. On these two grounds the order of eviction was passed. The petitioner preferred an appeal. The learned Appellate Authority held that admittedly it is a residential building. It was held that respondents 2 and 3 were the tenants and property has been sublet. The other grounds of eviction that user of the premises has been changed was also decided against the petitioner. On these broad facts assailing the said orders, the present revision petition has been filed.