BHAGWAN DASS Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order of the Appellate Authority dated 10.9.1998 by which the appeal filed by landlord against the order of the Rent Controller dated 10.8.1996 dismissing the eviction application of the landlord too has been dismissed.

(2.) THE facts of the case are that the landlord-Bhagwan Dass filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') for eviction of respondent Nos. 1 and 2 from a room measuring 12' x 10' and courtyard measuring 15' x 11' situated on the ground floor abutting shop bearing M.C. No. 4617 Dhobi Bazar, Bathinda. The application was filed on the ground that there had been a change of user; that though the premises had been let out for residential purposes, they were being used for commercial purposes; that the premises had been sub- let by respondent No. 1 to his father, respondent No. 2, without the consent of the landlord and by making some structural changes in the premises, the value of the property had been impaired and that the demised premises was required for personal use and occupation of the landlord.

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