SMT. SHAKUNTLA DEVI Vs. M/S. JYOTI TRADERS

JUDGEMENT

(1.) This petition for revision is directed against the concurrent order of the Appellate Authority and the Rent Controller rejecting the landlady's application for eviction of the tenant M/s. Jyoti Traders.

(2.) The only ground that has been agitated in this petition for revision is that the premises are residential premises. The Rent Controller and the Appellate Authority have on consideration of the entire evidence, came to the conclusion that the premises are commercial. This is a finding of fact and being based on evidence cannot be interfered with in revision. Mr. Narinder Singh, learned counsel for the petitioner contends that the receipts Exhibits A1 to A7 and the Ration Card have been ignored. These documents were taken into account by the Rent Controller but in view of the other evidence, which is overwhelming, these documents were held to be of no consequence. The Appellate Authority did not notice Receipts Exhibits accept the evidence led by the petitioner. One fact is clearly established namely that there is no Kitchen, no Bath Room and no Lavaratory which form part of the premises in dispute. Moreover the premises were given for commercial purposes and the mere fact that the tenants occasionally or otherwise started living in them will not alter the nature of the premises. In my opinion there is no error committed by the Appellate Authority which would justify interference in the revision.

(3.) For the reasons recorded above, the petition fails and is dismissed, but there will be no order as to costs.