AMAR SINGH Vs. HARI CHAND

JUDGEMENT

(1.) THIS Civil Revision is directed against order of the Appellate Authority, Chandigarh, dated 25.7.1984 allowing the appeal of the tenant- respondent against the eviction order passed by the Rent Controller, Chandigarh, dated 6.9.1983.

(2.) HARI Chand, respondent, took Booth No. 1, Sector 18-C, Chandigarh on rent from petitioner-Amar Singh at a monthly rent of Rs. 200/-. An agreement was executed between the parties incorporating the terms agreed between them. One of the terms was that the tenant shall use the said Booth for the purpose for which it is meant for and not for any unauthorised purpose. The tenant was also bound to abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952. The Booth, being meant for use as a meat shop only, was let out for that purpose. The agreement also stipulated that the tenant shall not transfer his right under the lease or sublet any portion thereof.

(3.) IN the written reply, Hari Chand admitted his tenancy under Amar Singh. He claimed that he was running the Booth from the inception of the tenancy for the purpose of a meat shop. He further claimed that the entire Booth was in his possession and he had not sublet any portion thereof. He also denied that any part of the Booth was being used for the purpose of business of scooters repairs.