GOKAL CHAND Vs. ROMESH CHANDER

JUDGEMENT

(1.) This revision petition is directed against the order of the Appellate Authority, Jalandhar dated 25-10-1982 whereby the order of ejectment of Gokul Chand tenant (hereinafter referred to as the tenant) passed by the Rent Controller, Jalandhar, dated 25-11-1980 on the basis of change of user was upheld.

(2.) In brief facts relevant for the disposal of this petition are that Shakuntla Devi landlady (hereinafter referred to as the landlady) rented out the demised premises consisting of four rooms to the tenant on 3rd of February, 1966 on payment of monthly rent of Rs. 70.00. Later on the rent was increased to Rs. 100.00 by mutual consent and at present the tenant is in possession of the demised premises comprising three rooms, The demised premises were let out to the tenant as Godown for storing rubber chappals undertaking not to cause impairment or damage to the demised premises in any manner. Eviction of the tenant was sought, firstly, on the ground of non-payment of rent from 1-12-1977; secondly, on the ground that the landlady inquires the demised premises for her own use and occupation, as accommodation already in her possession was insufficient for her and her three married sons. Eviction was mainly sought on the ground of change of user on the allegation that the tenant has converted the Godown to a shop for trading purposes without the written consent of the landlady.

(3.) As arrears of rent together with interest and costs were paid on the first date of hearing the ground for eviction on that account has not been pressed.