PT. WAZIR CHAND Vs. MURTI BARA SHIVALA

JUDGEMENT

(1.) THIS petition for revision is directed against the decision of the Appellate Authority reversing on appeal the decision of the Rent Controller, refusing to order eviction of the tenant. The landlord is the Temple. The premises in dispute are Deorhi (passage), for going out of or into the Temple. This passage was rented out to the tenant at a time when space around the Temple was lying vacant and people could go into the Temple without making use of the passage. Later on the vacant area has been built, with the result that for the egress and ingress to the Temple the passage is needed. This led to the present petition for eviction of the tenant. The tenant took the pleas that there can be no question of any personal use of accommodation by the Temple, and that the present petition was not filed by any authorised person. These contentions prevailed with the Rent Controller, who rejected the application. On appeal the Appellate Authority reversed the decision of the Rent Controller on both these grounds. This has led to the present petition by the tenant.

(2.) THE first contention of the learned counsel for the tenant is that the premises in dispute are residential premises and the tenant cannot be evicted therefrom because they are not required for residential purposes by the Temple. The Appellate Authority has observed : - -

(3.) FOR the reasons recorded above, I reject the contention of the learned counsel that the decision of the Appellate Authority is erroneous. This petition is accordingly dismissed with no order as to costs.