HUKAM CHAND Vs. SOHAN LAL

JUDGEMENT

(1.) THIS Revision Petition arises out of an order of ejectment, dated October 11, 1982, passed by the Rent Contoller.

(2.) THE respondent-landlord sought the ejectment of the tenant from the premises shown in Plan A-4, consisting of two rooms described as shops and another one room, also described as shop. The demised premises were tenanted to the tenant at the rate of Rs. 30/- per month for running a Biscuit Factory The grounds for ejectment put forth by the landlord are, that the demised premises were let out for Bakery but the tenant has started residing in the same, the tenant has removed the wall intervening the two rooms and converted into one room, he has damaged the floor and constructed a chhaija and thus, has impaired the value and utility of the building.

(3.) THE tenant refuted the claim of the landlord' and averred that the demised premises were not let out for any specific purpose and he was using it for residence-cum-business purposes from the inception of the tenancy. Further, peas of non maintainability of the ejectment petition in view of Section 11 of Haryana Urban (Control of Rent and Eviction) Act and it being barred by principles of res judicata the earlier petition having been rejected on the same grounds viz change of user, were put forth.