VINOD KUMAR Vs. LAL CHAND

JUDGEMENT

(1.) THIS present petition has been filed by the legal representatives of the original tenant, Amar Nath. The challenge has been made against the orders passed by the authorities below whereby ejectment of the tenant has been ordered on the ground of change of user of the demised premises.

(2.) THE ejectment of the tenant Amar Nath was sought by the landlord Lal Chand on various grounds. It was claimed that the tenant was in arrears of rent; that he had changed the user of the premises from residential to non- residential without obtaining the consent of the landlord; and that the tenant had committed such acts which had materially impaired the value and utility of the premises in question.

(3.) THE ejectment petition filed by the landlord was contested by the tenant. All the grounds of ejectment were denied. The arrears of rent were paid on the first date of hearing and accordingly the aforesaid ground did not survive anymore. The tenant, however, claimed that he had been residing in another Mohalla since the year 1968-69 and was doing tailoring business in the premises in question since the very inception of the tenancy. On that basis it was claimed that there was no change in the user of the premises in question.