KRISHAN DEV Vs. GURDIAL SINGH

JUDGEMENT

(1.) THIS Revision Petition is directed by the petitioner-landlord against the order dated 19.8.1985 passed by the appellate Authority, Ludhiana, whereby it dismissed the appeal and confirmed the order of the Rent Controller dated 29.3.1982, vide which the application of the petitioner-landlord for ejectment of the respondent from the demised premises was dismissed.

(2.) BRIEFLY stated, the facts are that the petitioner filed an application for ejectment of Krishan Dev-respondent from one room and one verandah situate on the first floor and one latrine on the second floor, forming part of property No. B-VIII-743, Lakkar Bazar, Ludhiana, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 on the allegations that he was the owner-cum-landlord of the premises in dispute and the respondent was a tenant in it at a monthly rent of Rs. 125/- and he was liable to be evicted from the said premises as he had not paid rent from 1.2.1974 @ Rs. 125/- per month alongwith house tax @ 15% per annum till the filing of the application; that he had impaired the value and utility of the demised premises by his act by constructing one barsati on the roof of the demised premises without his consent and that he had changed the user of the premises in dispute because the same were let out to him for residential purpose but he had started using it for commercial purpose by installing a shoe factory in it.

(3.) WITH the above pleadings, the following issues were struck :-