KISHAN CHAND Vs. SHAM DASS

JUDGEMENT

(1.) This is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) The landlords sought the ejectment of his tenant from the house in dispute which had been given on rent since October, 1973, on a monthly rent of Rs. 40/-. The ejectment was primarily sought, inter-alia, on the ground that the tenant had converted the house into a shop as he was running an electric shop under the name and style of Sushil Electric works. In the written statement it was pleaded by the tenant that he was working as an electric hawker and was not doing any sale or purchase of goods or running a shop in the premises. The other pleas were also controverted. On trial, the learned Rent Controller found that the house in question was required by the landlord for the use and occupation of his married son, that there was a change of user and illegal construction of a barsati. As a result of these findings, the eviction order was passed. In appeal, the learned Appellate Authority affirmed the finding of the Rent Controller only on the question of the conversion of user. The other findings are set aside. Thus, the ejectment order was maintained. Dissatisfied with the same, the tenant has filed the present revision petition.

(3.) The learned counsel for the petitioner contended that the premises in dispute consist of two rooms, a bath-room and a kitchen and the same were taken on rent for residence. According to the learned counsel, the tenant is still residing therein. The tenant, as alleged by the landlord, is not running an electric shop. According to the plea taken by him in the Written Statement, he is an electric hawker. People call him at his house and he does their electric work there. There was no sale or purchase of any sort in the premises in dispute. Thus, the question of conversion of residential building into a non residential one did not arise. Thus, argued the learned counsel, the finding of the authorities below in this behalf was wrong, illegal and improper.