DAYA WATI Vs. SHRI KUNDAN LAL GHAI

JUDGEMENT

(1.) Daya Wati petitioner filed a petition for ejectment of the respondent from a portion of house No. 6034 Sadar Bazar Ambala Cantt., on the ground of personal necessity and the respondent having converted the use of the tenancy premises. The Rent Controller framed the following issues :-

(2.) The Rent Controller held that the premises in dispute which consisted of one room had been let out to be used as a godown by the respondent. The respondent was using the room for the same purpose. The plea of the petitioner that the room had been let out for residential purpose and was wrongly being used for non-residential purposes is incorrect. The ejectment petition was dismissed by the Rent Controller vide order dated March 5, 1979. The petitioner filed an appeal against the order of the Rent Controller which was dismissed by the appellant authority vide order dated November, 2, 1979. It is against this order that the present revision is directed.

(3.) It is admitted that the room in dispute was let out to the respondent on February, 1, 1972. It is also not disputed that this room is a part of residential house. The petitioner purchased the property from the previous owner on September 18, 1974 and thereafter filed an ejectment petition against the respondent on March 5, 1976.