SHER SINGH Vs. ANIL KUMAR

JUDGEMENT

(1.) This is tenant's revision petition under Section 15(5) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter referred to as 'the Act') against the order of the Appellate Authority, dated 11.8.1988, vide which order of evidence has been passed against him.

(2.) The landlord filed an application under section 13 of the Act seeking eviction of the tenant/petitioner on the grounds of non-payment of arrears of rent and having changed the user of the premises in dispute. The tenant/petitioner put in appearance and controverted the averments of the landlord. The Rent Controller on the basis of the pleadings of the parties, framed the following issues :-

(3.) The other dispute between the parties relate to the nature of the building i.e. whether it is a room and thus, is a residential building or the same is a shop as alleged by the landlord. As stated earlier in the absence of any lease deed/rent, the Rent Controller has also examined this plea on the basis of available oral evidence only and has mainly taken into consideration the nature of the building, previous and present user of the premises by the tenant and the fact that the same building was with the grand-father of the tenant few years earlier as well. The Rent Controller, thus, came to the conclusion that a building which was let out for a residential purpose and is being used as such and thus, finding no merit in the eviction petition, dismissed the same vide order, dated 16.9.1987.