YASH PAL Vs. NAND KISHORE

JUDGEMENT

(1.) THIS revision petition has been filed by a tenant against the order of ejectment dated 14.8.2001 passed by the learned Appellate Authority, Chandigarh.

(2.) THE respondent-landlord herein had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act') as applicable to the Union Territory, Chandigarh for ejectment of the petitioner-tenant from the premises i.e. one room, one store, one toilet, bath room and rear verandah of annexee of House No. 189, Sector 11, Chandigarh.

(3.) THE case of the respondent-landlord was that even after the expiry of 11 months, the petitioner-tenant was still in occupation of the premises as tenant. The house was a residential building and was in the residential area of Sector 11 and as per the conveyance deed issued by the Chandigarh Administration in favour of the respondent-landlord, the demised premises can only be used for residential purpose as no commercial activity is permitted. It was further the case of the landlord that a direction has been issued by the Hon'ble Supreme Court that the commercial activities contrary to the provisions of the Act should be stopped. It was further claimed by the respondent-landlord that the petitioner was carrying on commercial activity, therefore, the house was liable to resumption. The plea of the impairing the value and the utility of has also been taken. It was also claimed that the act of the petitioner-tenant amounted to nuisance to the occupants of the building. It was further claimed that other occupants would have to vacate the house if the house is resumed. It was also the case of the respondent-landlord that the petitioner was carrying on business under the name and style of Griffsons Sky View Cable Network which he could not do in his residential building.