VICTOR KUMAR Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) THIS is a tenant's revision petition against the order of the appellate authority ordering ejectment of the tenant thereby setting aside the order of the Rent Controller dismissing the petition for ejectment filed by the landlord-respondent (hereinafter referred to as the landlord.

(2.) THE tenanted premises is a shop situated in Main Bazar, Faridkot, which was let out to Sham Lai by the Landlord. Sham Lal has since died and represented by his son Victor Kumar. The ejectment petition was filed on 30. 9. 1980 on the following three grounds : (i) User of the shop in dispute has been changed from shoe business to cloth business; (ii) impairment of value and utility of the shop in dispute and (iii) Subletting of the premises in dispute to Nem Nath brother of Sham Lal after his death.

(3.) FROM the pleadings of the parties, the following issues were framed :1. Whether the tender made by the respondent is not valid? OPP. 2. Whether the respondents have changed the user of the premises in dispute? OPP. 3. Whether the respondents impaired the utility and value of the premises materially ? OPP. 4. Whether the respondents have sublet the shop to Nem Nath ? OPA.