TRIBHAWAN KUMAR Vs. GITA RAM KALSY, ADVOCATE

JUDGEMENT

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

(2.) THE landlord, Gita Ram Kalsy sought ejectment of his tenant Tribhawan Kumar from the premises which consist of one room. It was pleaded that the said room was given on a monthly rent of Rs. 98/-, including house-tax. The ejectment sought on the ground that the said room was given on rent for personal use and for the use of his consumers and servants, to be used as a rent house. According to the landlord, the tenant has changed the user from personal use to that of use as a godown and, therefore, the tenant was liable to ejectment.

(3.) IN appeal, the only controversy between the parties was, where the tenant was liable to eviction on the ground of change of user. The argument raised before the Appellate Authority was that the tenant was liable to ejectment, on his own admission when he stated in the written statement that the premises were let out as a shop and while in the witness-box, he admitted that the same was being used as a godown. This contention of the landlord succeeded before the Appellate Authority. On that ground alone, the eviction order was passed, though it was found as a fact that the landlord had failed to prove that the premises were let out for residential purposes, as alleged in the ejectment application. According to the Appellate Authority, on the admission of the tenant himself, he was liable to ejectment, even if the landlord had failed to prove the case, as set up by him in his ejectment application. Consequently, eviction order was passed. Dissatisfied with the same the tenant has filed this revision petition in this Court.