RAJESH KUMAR GARG Vs. PARTAP SINGH

JUDGEMENT

(1.) Landlord Dr. Partap Singh had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for eviction of tenant Rajesh Kumar Garg from the premises i.e. shop situated in village Sidhuwal, Bhadson Road, Tehsil and District Patiala as detailed and described in the petition, interalia, on the grounds of non-payment of rent and change of user of the premises without the consent of the landlord.

(2.) Though relationship of landlord and tenant was not denied but contest was made by the tenant on the grounds of eviction pleaded by the landlord. On receipt of oral as well as documentary evidence, Rent Controller had not found merit in the claim of the landlord and sequelly his petition was dismissed on 23.1.2006. The Appellate Authority under the Act reversing finding of the Rent Controller on all the issues, had passed an eviction order against the tenant on 1.5.2008.

(3.) The Appellate Authority had found that enhanced rent from Rs.650/- to Rs.1,400/- had not been paid by the tenant since November, 1990 and in addition there was change of user of the premises without the consent of the landlord.