PARMOD KUMAR Vs. BHAGWAT SARUP

JUDGEMENT

(1.) This is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) Landlords Bhagwat Sarup and Shrimati Gita Devi filed the ejectment application on 22nd June, 1976, against their tenant Ved Parkash to whom the premises were let out vide rent note dt.22nd Jan. 1966, Exhibit P. W. 4/A on a montly rent of Rs.75/- besides the house tax. In the said rent note premises are described to be "Godam Dukan Mandi". No specific purpose as such has been mentioned for which the premises were let out. The ejectment was sought, inter alia, on the ground that the demised premises were given on rent for the purpose of godown but the tenant converted it into Dhaba (Small common place hotel) and in this way has changed the user of the demised premises and, thus, also impaired its utility.

(3.) In the written statement, these allegations were denied. It was pleaded in para 3 of the preliminary objections that the predecessor-in-interest of the landlords got installed a water tap in the building after getting due sanction from the Municipal Committee, Jind, for the use of the tenant for the Dhaba work. Again, in para 8 of the written statement on merits, it was pleaded that it was wrong that the building was taken on rent for godown. The fact is that the building was taken for running a Dhaba and this work is being carried out in the building from the very inception of the tenancy. The tenant never used it as godown. The landlords and their predecessor-in-interest have been seeing the tenant carrying the business of Dhaba from the very beginning of the tenancy. However, in any case, the landlords are estopped from taking this objection by their conduct. They never objected to its use as Dhaba.