PRABHA KANTA SHARMA Vs. GIAN MALA VERMA

JUDGEMENT

(1.) This is a revision petition preferred by the land-lady of Shopcum-Flat No. 34, Sector 23-C, Chandigarh against judgment dated 9.1.1998 passed by the Appellate Authority, Chandigarh in Rent Appeal No. 108 of 5.1.1993.

(2.) The petitioner initiated eviction proceedings against the respondent, who was tenant on the first floor of the aforementioned building (hereinafter described as 'the demised premises') by filing a petition under Section 13(2)(ii) and (3)(i) & (iv) of the East Punjab Urban Rent Restriction Act, 1948 on the grounds of change of user from residential to commercial, material impairment, non-payment of rent and bonafide requirement for her own use and occupation. The petitioner pleaded that the demised premises was let out to the respondent at a monthly rent of Rs. 275/- per month for residential purposes. It was alleged that the respondent did not pay the rent and started using the demised premises for running a college/school on commercial basis, which resulted in the impairment of the value thereof.

(3.) The respondent had not denied the tenancy, but had pleaded that the demised premises were being used as a college/school ever since the inception of the tenancy and it was never given out for residential purposes. Besides, it was averred that no change had been effecting in the demised premises. The bonafide requirement of the petitioner was also disputed.