GIAN CHAND Vs. KRISHNA KUMARI

JUDGEMENT

(1.) THE tenants are the petitioners before this Court. Orders of ejectment passed by the learned Rent Controller as well as the learned appellate authority have been impugned by them.

(2.) THE landladies Smt. Krishan Kumari and Smt. Khazano Devi filed an ejectment petition against the present petitioners M/s. Gian Chand and Sons and M/s. Durga Confectionery Store on November 5, 1984. The ejectment of the tenants was sought on the ground of change of user of the premises in question and that a portion of the premises had been sublet by Gian Chand to M/s. Durga Confectionary Store without the written consent of the landladies.

(3.) THE aforesaid ejectment petition was contested by the respondents. Although it was admitted that through a compromise arrived at between the parties a fresh tenancy commenced between the parties and the tenants were to carry on the business of Confectionary and Karyana shop at a monthly rent of Rs. 1000/-, but they denied that they had changed the user of the premises in question. It was claimed that the tenants were doing the same business as was being done by (them) earlier. It was also pleaded by the tenants that licence under the Indian Explosives Act had been obtained for stocking of the said goods at 257, Ram Darbar, Phase II, Chandigarh. A concern run by the tenants. With regard to the plea of subletting, the tenants maintained that the business of M/s. Durga Confectionary Store was being run by the son of Gian Chand and there was no subletting of the premises and the aforesaid business in the name of Durga Confectionary Store was being run much prior to the compromise arrived at between the parties.