HANS RAJ Vs. SOM PRAKASH

JUDGEMENT

(1.) THIS is a tenant's revision petition against the decision of the Appellate Authority confirming on appeal, the order of the Rent Controller ordering his eviction.

(2.) ON 8-6-1962, the premises in dispute, which are situate in Patiala, were rented out by its owner, Som Parkash to Hans Raj, at a monthly rent of Rs. 33/50 for a period of 11 months and the tenancy had to start with effect from 1-6-1962. On 31-1969 an application for ejectment under Section 13 of the East Punjab Urban rent Restriction Act, hereinafter called the Act, was filed by the landlord against the tenant and the grounds for ejectment mentioned therein were four, viz. (i)personal necessity; (ii) that the tenant was in arrears of rent; (iii) that the tenant had materially impaired the value and utility of the premises; and (iv) that the tenant had used the premises for a purpose other than that for which it was leased.

(3.) THE Rent Controller ordered ejectment of the tenant on the ground that the premises were required by the landlord for his personal needs and also that the tenant had used the said premises for business purposes-a purpose other than that for which they were leased. Since the arrears of rent had been paid by the tenant on the first date of hearing, that ground became non-available to the landlord. As regards the fourth ground, it was held that it had not been proved. When the matter came in appeal before the Appellate Authority he confirmed both the findings of the Rent Controller and dismissed the appeal. The tenant has come here in revision.