ROOP CHAND Vs. RAM SARUP

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner- landlord, against order dated 25.8.1989 passed by the Appellate Authority whereby the appeal filed by the tenant was accepted, order passed by the Rent Controller was set aside and the ejectment petition filed by the landlords was dismissed.

(2.) THE facts in brief are that Bhola Ram, Roop Chand and Smt. Chalti Devi landlords filed petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against Ram Sarup, tenant, seeking his ejectment from the shop in question on the ground of non-payment of rent as also on the ground of change of user. It was alleged that the shop in question was given to carry on the business of preparing and selling tea but the tenant had stopped this business and, without the consent of the landlord, had started the business of preparing and selling Hukkas and had thereby changed the user and the purpose for which the shop was given on rent.

(3.) AFTER hearing both the sides, learned Rent Controller ordered the ejectment of the tenant from the shop in question on the ground of change of user, holding that from the inception of the tenancy, the shop was being used for carrying on the business of tea only and subsequently, the tenant had shifted to the business of Hukkas, without the permission of the landlords and this amounted to change of user. However, the appeal filed by the tenant was accepted by the Appellate Authority, the order of ejectment passed by the Rent Controller was set aside and the ejectment petition of the landlords was dismissed, holding that the change of business from preparation and sale of tea to repairing and selling of Hukkas did not amount of change of user and the tenant was not liable to be ejected from the shop in question on that count. Aggrieved against this judgment of the Appellate Authority, Roop Chand, one of the landlords, filed the present revision petition in this Court.