LAWS(P&H)-1966-1-28

SURAJ PRAKASH SAWHNEY Vs. BHAGAT RAM AND ANR.

Decided On January 20, 1966
Suraj Prakash Sawhney Appellant
V/S
Bhagat Ram And Anr. Respondents

JUDGEMENT

(1.) THIS judgment would dispose of three second appeals No. 328 -D of 1964, filed by Suraj Prakash Sawhney and Nos. 7 -D and 9 -D of 1965, filed by Bhagat Bam and Brij Mohan, all of which are directed against the orders to the Rent Control Tribunal, Delhi. These appeals have arisen in the following circumstances:

(2.) BOTH the applications were resisted by the tenant.

(3.) ON appeal the learned Tribunal held that the tenant was not liable to ejectment from shop No. 3852 on the ground that he was not carrying on muniari business in that shop and was running a hotel there. The appeal of the tenant against the order for ejectment from shop No. 3852 was accepted and the landlords' application for ejectment in respect of that shop was dismissed. As regards shop No. 3853 it was held that the tenant had caused substantial damage to the shop by removing the intervening wall. The order for ejectment from shop No. 3853 was, accordingly, maintained in favour of the landlords against the tenant, and it was held that in case the tenant constructed the intervening wall within three months, the order for ejectment would stand satisfied and the ejectment petition of the landlords would stand dismissed.