SASTA IRON STORE Vs. SHANDI DEVI

JUDGEMENT

(1.) THIS civil revision is directed against the order of the Appellate Authority, Jaladhar, dated 8.11.2001, dismissing the appeal of the tenant-petitioners against their eviction from the demised premises on the ground of change of user.

(2.) THE case of the respondent-landlords was that House No. 37, Lajpat Nagar, Jalandhar had been let out to the petitioners for residential purposes but they have changed its user to commercial purposes without their consent. The petitioners had denied this allegation and had maintained that right from the inception of the tenancy, the demised premises had been let out for commercial purposes and, therefore, there was no change in user. The tenancy had come into being on the basis of a Rent Note dated 23.6.1973 which was admitted on record as additional evidence. After perusing the terms of the said rent note and the written statement filed by the tenants in an earlier eviction petition, the authorities below came to the conclusion that the portion consisting of room, verandah, miani, kitchen and bathroom could be said to have been taken on rent for residential purposes only. They, therefore, held that since the petitioners have put it to commercial use by carrying on the business in the name and style of Sasta Iron Store, which was registered under the Shops Act as a commercial shop, the user had been changed from residential to commercial.

(3.) HE , firstly, contended that the premises in question had been let out for commercial use from the very inception. He referred to the rent note dated 23.6.1973 to show that the vacant piece of land measuring 20' x 60' had been let out for the purposes of shop and the petitioners had been given the right to construct a shed thereon at their own cost. As far as the built-up portion consisting of a room, kitchen, latrine and bathroom is concerned, there was no restriction in the rent note that it will be put to residential use only.