MUNICIPAL COMMITTEE, SAMANA Vs. KRISHAN MURARI AND ANOTHER

JUDGEMENT

(1.) This is a tenants revision petition against the order of ejectment passed against it by the Rent Controller, which was confirmed by the Appellate Authority.

(2.) The premises is a Dharamshala, situate in Samana, District Patiala. On 8th March, 1963, the trustees of this Dharamshala gave it on rent to the Municipal Committee Samana, for running a Family Planning Centre for a period of one year on a monthly rent of Rs. 35/-. On 16th February, 1970, the said trustees filed an application under section 13 of the East Punjab Urban Rent Restriction Act, 1949, against the Municipal Committee, for its ejectment from this Dharamshala. The application was based on three grounds viz. (a) non payment of rent for some period: (b) that the tenant had used the premises for a purpose other than that for which it was leased; and (c) that by its acts the tenant had impaired materially the value and the utility of the premises.

(3.) This application was contested by the tenant Since the arrears of rent together with interest and costs of the application were paid on the first date of hearing, the first ground was no longer available to the landlord for the eviction of the tenant.