SHRI ROSHAN LAL NIROLA Vs. SHRIMATI SANTOSH MAHENDROO

JUDGEMENT

(1.) SHRI Roshan Lal Nirola took a residential house No. 45, Sector 19 -A. Chandigarh for his residence vide rent note dated June 1, 1971 at a monthly rent of Rs. 275/ -. Later on the tenant obtained Advocate's License on 27th October, 1971 and started practising as an Advocate and used one of the rooms of the residential house as his office. On 4th November, 1972 the East Punjab Urban Rent Restriction Act, 1949 was made applicable to the Union Territory of Chandigarh Afterwards the rent was increased to Rs. 325/ - per month. On 10th October, 1977 the landlord filed an ejectment petition on the following grounds: - -

(2.) AS regards change of user for purposes of dry cleaning and printing of sarees this matter was not pressed by the landlord before the Rent Controller or before the Appellate Authority. However, the Rent Controller as also the Appellate Authority found that the tenant had changed the user of demised premises and converted the same from residential building to a 'scheduled building' and consequently ordered ejectment of the tenant on this ground alone This is tenant's revision petition from the aforesaid order.

(3.) THE Learned Counsel for the tenant placed reliance on a decision of D.K. Mahajan, J. in J.N. Aggarwal v. Chaman Lal, (1970) 72 P.L.R. 113. A reading of that judgment shows that a categorical finding was recorded that the premises were being used for the same purpose for which they were let and no change of user was proved. It is a very short judgment and contains no discussion regarding the relevant provisions with which we are concerned. Hence this judgment is of no assistance.