GITA RAM Vs. BHAGAT SINGH

JUDGEMENT

(1.) BHAGAT Ram and others let out the shop in dispute to Gita Ram by a written rent note for carrying on the business of Vegetarian Hotel. When the tenant started using the premises for his own residence, on 17-3-1976, the landlord filed an application for ejectment of the tenant on the ground of change of user of the premises. In the written statement, the tenant pleaded that he was using the premises for the purpose for which it was let out. On the evidence, it was proved that the tenant along with his wife and five children was residing in the premises. Even the tenant admitted that his entire family was living in the premises but he pleaded that in the front portion he was carrying on his business of preparing and selling meals. The Rent Controller found that the major portion of the premises was being used by the tenant for residential purposes and keeping in view the definition of non residential building contained in section 2 (d) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act) held that the non-residential-building had been converted into a residential building and since the change of user was proved, order of eviction was passed on 10-5-1977. The tenant went up in appeal and the Appellate Authority by order dated 21-8-1978, maintained the order of ejectment after upholding the findings of the Rent Controller. This is tenant's revision.

(2.) AFTER considering the entire matter. I am of the view that there is no scope for interference in this revision. Now it is the admitted case that the tenant his wife and five children, put of whom two were major at the time of filing the petition, were living in the premises in dispute which consists of two rooms. The premises were taken solely for the purposes of running the business. The definition of non-residential building and residential building is contained in section 2 (d) and 2 (g) of the Act, which is reproduced below :-

(3.) FOR the reasons recorded above, this revision is devoid of merit and is dismissed with costs. Petition dismissed.