LAWS(P&H)-1983-11-52

DEEP CHAND DHOBI Vs. DEVINDER PARSHAD

Decided On November 15, 1983
Deep Chand Dhobi Appellant
V/S
Devinder Parshad Respondents

JUDGEMENT

(1.) THIS is tenant's petition against whom the order of ejectment from the two shops in dispute has been passed on the ground that there is a change of user.

(2.) IT is the admitted case of both the sides that Deep Chand is a tenant under landlord Devinder Parshad in respect of two shops situate at Delhi road, near Churamani Hospital, Hissar, against a monthly rent of Rs. 32/-. The landlord sought the ejectment of his tenant on the ground that he was in arrears of rent; that the tenant has changed the nature of the user of the building i.e. instead of using it as a shop, he was using the same as his residence; that the tenant has started operating a Bhatti, as a result of which damage has been caused to the building and lastly that the existence of Bhatti is a source of nuisance to the neighbors.

(3.) THE only ground which prevailed with the Rent Controller was that the tenant was liable to be ejected from the shops in dispute on account of the change of user. All other grounds were negatived. consequently, an order of ejectment was passed against the tenant. In appeal the learned Appellate Authority affirmed the said findings of Rent Controller and thus maintained the order of ejectment passed in favour of the landlord. Dissatisfied with the same, the tenant has come up in revision in this Court.