ANIL KUMAR Vs. AVTAR SINGH

JUDGEMENT

(1.) THE challenge here is to the order of ejectment passed against the tenant on the ground of change of user. The demised premises being a booth in Sector 29, Chandigarh.

(2.) ACCORDING to the letter of allotment pertaining to the said booth issued by the Estate Officer, Chandigarh to the landlord the permitted use of this booth was the running of a barber shop and this was also the specific purpose mentioned in the rent note Ex. A-1 executed by the tenant in favour of the landlord. The tenant has been and is admittedly running instead a Pan and Confectionery shop there. Change of user is thus, writ large.

(3.) FACED with this situation counsel for the tenant sought to put forth the wholly untenable contention that the business being carried in the booth was to the knowledge and with the consent of the landlord. It was, at any rate, not such as would cause any damage to the booth.