LAWS(P&H)-2003-11-25

GURCHARAN SINGH Vs. BAHADUR SINGH

Decided On November 19, 2003
GURCHARAN SINGH Appellant
V/S
BAHADUR SINGH Respondents

JUDGEMENT

(1.) EVEN through, it is a judgment of reversal that has been impugned in the present revision petition, there does not appear to be any material illegality or impropriety in the order passed by learned Appellate Authority dated 8.4.1986, upsetting the order passed by learned Rent Controller, dated 7.12.1985.

(2.) PETITIONER -landowners sought eviction of the respondent-tenant on the ground of change of user, non-payment of rent and materially impairing the value and utility of demised premises. They succeeded before learned Rent Controller on the grounds of non-payment of rent and material impairment of the demised premises. Constrained, respondent-tenant herein filed appeal, which has since been allowed by learned Appellate Authority vide order dated 8.4.1986. It is this order of learned Appellate Authority, as mentioned above, which has been challenged in the present revision petition.

(3.) I have heard learned counsel representing the parties and with their assistance, examined the records of this case. It is only the findings recorded by learned Appellate Authority in paragraphs 15 and 16 of order dated 8.4.1986 that have seriously been challenged by Mr. Kapoor during the course of arguments. Same read thus :-