ASHOK KUMAR Vs. RAMAN KUMAR

JUDGEMENT

(1.) Present petition is filed assailing order dated 8.3.2010 passed by Appellate Authority, Amritsar whereby eviction petition filed by the landlord (respondent herein) was allowed directing eviction of the tenant - revisionist.

(2.) The brief facts inter alia are that landlord-respondent filed eviction petition contending that shop in question was taken by the tenant on monthly rent of Rs. 400/- and tenant has executed rent note in favour of landlord on 15.6.2004 for the purpose of doing business w.e.f. 30.6.2004 for a period of 11 months; tenant has neither tendered nor paid rent w.e.f 30.6.2004 upto the date at the rate of Rs. 400/- per month; tenant is also liable to pay house tax @ 15% per annum. Tenant took the shop for the purpose of doing business, but now he converted the shop into godown for keeping sugar bags which does not fall within the definition of day to day business as such, he has changed the user without the written consent and permission of the landlord, hence he is liable to be ejected on this ground alone.

(3.) Tenant refuted the claim of the petition by way of filing written statement. Learned Rent Controller dismissed the eviction petition vide judgment dated 4.4.2008. Feeling aggrieved and statutory appeal was filed before the learned Appellate Authority which was allowed by the learned Appellate Authority vide impugned order dated 8.3.2010.