RATTAN CHAND Vs. CHAMELI DEVI

JUDGEMENT

(1.) THE tenant has filed this revision petition under section 15 (5) of the east Punjab Urban Rent Restriction Act, 1949, challenging the order of his ejectment passed by the Rent Controller and affirmed by the Appellate Authority on the ground that the tenant has changed the use of the demised shop, without the consent of the landlady.

(2.) IN this case, in the year 1978, the instant ejectment application was filed by the respondent-landlady for ejectment of the petitioner-tenant from the shop in question, which is situated in Ludhiana and which was on monthly rent of Rs. 7/-, on the following three grounds :

(3.) THE petitioner-tenant contested the ejectment application. The claimed arrears of rent along with interest and costs, as assessed by the Rent Controller, was tendered on the first date of hearing. Regarding the change of user, it was pleaded that the shop was taken for running the commercial activities and since the inception of the tenancy, those commercial activities were being carried in the shop, therefore, the tenant never changed the use of the demised premises. Regarding the impairing of the value and utility, it was stated that no wooden parchhati. as alleged by the landlady, was constructed by the tenant and the same was existing since the inception of the tenancy.