PUSHPAWATI Vs. KAKA SINGH

JUDGEMENT

(1.) The challenge in revision here is to the impugned order of the appellate authority declining ejectment of the tenant on the ground of non-payment of arrears of rent and change of user of the demised premises.

(2.) The premises let out to the tenant consists of just one room. According to the landlady this room had been let for residential purposes but the tenant, without the consent of the landlady, changed its user to that of a dental clinic. In dealing with this matter, it would be pertinent to note that the room let out is an outer room of the building opening on the main road where a number of other shops are located. No kitchen is attached to it. Further there is no rent note or other documentary evidence to suggest that it had been let out for residential purposes. On the other hand, there is the notice, Exhibit RW-3/A served upon the tenant by the Municipal Committee calling upon him to deposit advertisement fee for installing a board outside the room that it was a dental clinic. Further, it has come in evidence that the petitioner too resides in the same building and there is no material on record to suggest that she had in any manner objected to the changed use of the room, if indeed any change had taken place. Such being the circumstances, there is clearly no warrant to interfere with the finding of the appellate authority against the landlady that there has been no change of user.

(3.) The other and mere important controversy pertains to the plea of non-payment of rent. This in turn is founded upon the conflict with regard to the rate of rent. According to the landlady, the rent of the premises was Rs. 105/- p.m. whereas the tenant's case is that it was only Rs. 40/- p.m. Admittedly, no rent note was executed nor have any receipts been placed on record to denote the rate of rent. On this issue, the appellate authority as also the Rent Controller chose to prefer that oral and other evidence led by the tenant. The main reliance being upon the entries from the house-tax assessment register, Ex. RW-3/A showing the annual value of the premises to have been assessed at Rs. 525/- p.a. which would make it about Rs. 44/- p.m. This figure is no doubt nearer that as suggested by the tenant but in the absence of any material on record to show on whose statement this value had been assessed or indeed even the basis thereof, this entry would not be safe to rely upon as a true guide of the rate of rent as settled between the parties.