BAKSHISH SINGH NALWA Vs. HARNAM SINGH PROPERTY DEALER

JUDGEMENT

(1.) PETITIONER (hereinafter referred to as the landlord) has filed the present revision petition Shortly stated the facts are that the landlord claims himself to be the owner of House No. 115, Sector 16-A, Chandigarh; that the upper portion of this house was leased out to Harnam Singh-respondent on a monthly rent of Rs. 600/- excluding water and electricity charges Ejectment was sought inter-alia on the ground that the premises in dispute were being used for the purpose other than residential purpose for which the premises were let : that the tenant had set up commercial activity under the name and style of 'sacha sauda' a property dealer's business as well as for storage and sale of Broilers: that in Chandigarh, such like activities could lead to the resumption of the plot on which the house had been constructed ; that the landlord issued a notice on July 18, 1978 terminating the tenancy of Harnam Singh respondent (hereinafter referred to as the tenant) Other grounds for eviction which had been taken by the petitioner in his ejectment petition are not being mentioned here because the same were given up before Rent Controller and, therefore, no arguments have been advanced either before the Rent Controller or the Appellate Authority.

(2.) EJECTMENT application was contested by the tenant. Relationship of landlord and tenant was admitted. It was, however denied that there was a change of user or purpose for which the premises were let out ; that the premises in dispute were being used for residence ; that he was selling Broilers near Mohali bridge being camp office at Kasauli as well as in shop in Sector 8, Chandigarh It was further mentioned that the petition had been filed in order' to raise the rent and it was known to the landlord that the tenant pas a property dealer.

(3.) ON the pleadings of the parties, following issues were framed