KESHO DASS Vs. CHANDRA BHAN

JUDGEMENT

(1.) CHANDER Bhan and other landlords filed an application for the eviction of the tenants on various grounds inter alia the change of user of the premises, which is a shop, from selling of trunks (steel boxes) to manufacture of trunks as well. The Rent Controller dismissed the ejectment petition by order dated 4-11-1976 after recording findings against the landlord and in favour of the tenant. Regarding change of user, it was held that according to the rent note Exhibit A. 1 dated 2-6-1963, the premises were let out for carrying on Karobar Dukandari, i. e. for doing business which can be done in a shop without specifying any particular business to be carried on and held that the business of selling trunks was connected with the business of manufacture of trunks and, therefore, there was no change of user. However, on landlord's appeal the Appellate Authority (Deputy Commissioner, of the district who at that time was made the Appellate Authority) reversed the decision and in doing so placed reliance on a Decision Bench decision of this Court in Telu Ram v. Om Prakash Garg, 1971 PLR 1 (1970 RCR 843) and ordered eviction of the tenant on the ground of change of user. This is tenant's revision in this Court.

(2.) AFTER hearing the learned counsel for the parties I am of the view that the matter requires further probe. The enunciation of law as it stands today is to find out whether the dominant purpose for which the premises was let out still continues to be the same. In this behalf neither there is proper evidence nor the mind of the two authorities below was adverted to.

(3.) THE parties through thir counsel are directed to appear before the Rent Controller (Senior Sub-Judge, Sirsa) on 3-2-1986. The record of the case of the Court of Rent Controller be sent to that Court along with copy of this order without any delay. Revision remanded.