KAMAL KUMAR Vs. DEV RAJ

JUDGEMENT

(1.) THE challenge in revision here is to the impugned order of the appellate authority directing the ejectment of the tenant-Kamal Kumar, on the ground of change of user.

(2.) THE demised premises consist of a shop and a room at the back. According to the landlord this shop had been let out to the petitioner Kamal Kumar for running his Karyana business. The plea of the tenant, on the other hand, is that while the room in the front was for Karyana business, the one behind was for storing fodder and this was the settlement between the parties.

(3.) IN dealing with this matter, it would be pertinent to note, at the very outset, that as per the statement of the landlord--Dev Raj himself, a rent note was executed, which was attested by his two witnesses A. W.-2 Bhajan Singh and A. W. 3 Chhota Ram. This rent note is however, not forthcoming. The plea of the landlord for change of user thus rests solely upon the oral testimony of witnesses examined in this case. According to A. W. 1 Dev Raj and his witnesses not only fodder, but dung-cakes too were stored in the shop. Further the tenant is also said to have been tethering his cattle there. There is, however, no plea regarding the tethering of cattle or dung-cakes being stored in the shop. This part of the landlord's case has thus clearly to be disregarded as being an after-thought.