MAHANT SAROWAR NATH Vs. TARA SINGH

JUDGEMENT

(1.) THE civil revision is directed against the order of the Appellate Authority, Gurdaspur, dated 11.4.1984 whereby appeal of the petitioner-landlord against the order of the Rent Controller, Gurdaspur, dated 25.3.1983 has been dismissed.

(2.) THE landlord had sought eviction of the respondent-tenant on the grounds of subletting and change of user. The case of the petitioner was that the premises had been rented out to respondent-Tara Singh who had parted with its possession in favour of Ashok Kumar, who was in exclusive and complete possession thereof.

(3.) SIMILARLY , in respect of the second ground, the case set up by the landlord was that the residential premises had been converted into a non- residential building and, therefore, it was a case of change of user. This plea was also negatived by both the authorities below on the basis of evidence led before them. It was found that no change had been brought about in the property. The Verandah which was stated to have been used for the purpose of business was still in the shape of a Verandah. It was held that if Tara Singh dealt with scrap in the Verandah at a small scale for earning his livelihood, he cannot be held guilty of converting residential building into non- residential building because the dominant purpose was still the same i.e. residential.