P.S. RAWAT Vs. RAM LAL ARORA

JUDGEMENT

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

(2.) THE landlord-respondent sought the ejectment of the tenant-petitioner from the house. No. 2408, Sector 37, Chandigarh, primarily on the ground of change of user thereof by the latter. According to the landlord, the premises had been rented out to the tenant for residential purpose, but the latter had used them also for a clinic besides his residence. Paragraph 3(b) of the ejectment application reads,-

(3.) ON the other hand, the learned counsel for the respondent submitted that the tenant was running a regular clinic in the premises, in question, where patients are attended and medicine is given to them. Thus, argued the learned counsel, the tenant was using the premises for his residence as well as for his professional work and thus he had converted the premises into a scheduled building which amounted to the change of user thereof. In support of the contention, the learned counsel relied upon Dr. Sewa Singh v. Smt. Rabinder Kaur, 1970 RCR 423 and Roshan Lal v. Santosh Mahendroo, 1982(1) R.L.R. 430; 1982(1) RCR 421.