KISHAN CHAND Vs. GURJINDER SINGH ARORA ADVOCATE

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the eviction order has been passed by both the authorities below.

(2.) THE premises in dispute are a part of Property No. 38, bearing municipal property No. 1638/2 40 MCA situated in Bazar Bakarwana, Shaheed Bhagat Singh Road, Amritsar. The original owner of the demised premises was Ram Lubhaya, AW 5 Kishan Chand, tenant was inducted by him vide rent note. Exbibit AW5/1 dated October 23, 1959. Subsequently, the said Ram Lubhaya sold the suit property vide three sale deeds in the year 1983 to Gurjinder Singh Arora, Advocate. He filed the ejectment application on August 26, 1985, on the following grounds ; 1. Non-payment of rent since July 9, 1982 ; 2. Change of user. The demised premises were alleged to have been given on rent for the sale of bicycles to Kishan Chand respondent but he started manufacturing bicycle parts and cycle pumps under the name and style of Nirmal Industries without the written consent of the landlord ;

(3.) CENSING to occupy the premises without any sufficient; cause Kishan Chand tenant was alleged to have ceased to occupy the premises in dispute without sufficient cause for more than four months It was also averred that the tenant shifted his business from the demised premises to plot Nos. 39 to 42 Basti New Partap Nagar, Amritsar and surrendered exclusive possession of the property to his son Sudesh Kumar, respondent No. 2 in the year 1971