GURMUKH SINGH Vs. KISHAN CHAND

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the ejectment application was dismissed by the Rent Controller, but allowed in appeal.

(2.) THE landlord Kishan Chand sought the ejectment of the tenant Gurmukh Singh (now deceased) from shop, in dispute inter alia on the grounds that he was in arrears of rent and that he had changed the user thereof. According to the landlord, the shop was given on rent in the years 1957 for doing tailoring business. From the very inception of the tenancy, the tailoring business was being carried on therein. The tenant had started embroidery business in the said premises and the machines were run by electric motors. It was also pleaded that the tenant had materially impaired the value and utility of the shop, in dispute, and that the same had become unfit and unsafe for human habitation. The learned Rent Controller negatived all the pleas of the landlord. According to the Rent Controller, there was nothing on the record to show that the shop, in dispute, was let out for tailoring business and as such the mere fact that respondent was also carrying on the embroidery business therein was not sufficient to hold that the tenant had used the shop for a purpose other than the one for which it was let out. Since all the pleas raised by the landlord were negatived, the ejectment application was dismissed In appeal, the only finding of the Rent Controller with regard to the change. of user of the demised premises was challenged by the landlord. The other findings of the Rent Controller were not assailed. The learned Appellate Authority found that there has been change of user thereof because according to it, the premises had been let out for doing tailoring business whereas the tenant was carrying on the embroidery business for the last eight years therein. In view of this finding, the eviction order was passed. Dissatisfied with the same, the tenant has filed this revision petition in this Court. During the pendency of this revision petition the tenant died and his legal representatives were brought on record vide order dated March 6, 1985.

(3.) I have heard the learned counsel for the parties and have also gone through the evidence and the case law cited at the bar.