LAWS(P&H)-1987-2-57

MATESHWAR DAYAL Vs. KRISHAN LAL

Decided On February 25, 1987
MATESHWAR DAYAL Appellant
V/S
KRISHAN LAL Respondents

JUDGEMENT

(1.) THIS is landlord's petition whose ejectment application as been dismissed by the Authorities below.

(2.) LANDLORD Mateshwar Dayal sought the ejectment of his tenant Krishan Lal from the shop in dispute inter alia on the ground of sub-letting alleging that he has sub-let the same to respondent Nos. 2 and 3 without his consent. According to the landlord, the premises were let out by rent note Ex. A-1 dated 1st May, 1969. According to him the shop was let for doing cycle repair works, but the tenant was carrying on kerosene oil business therein. Thus, he is guilty of change of user and has thereby impaired the value and utility of the demised premises. In written statement, the tenant Krishan Lal denied the allegation. He denied the execution of the rent note Exhibit A-1. According to him, he was already in occupation of the premises prior to the said rent note and was carrying on the business of kerosene oil therein.

(3.) IN these circumstances, I do not find any impropriety or illegality in the concurrent findings of the two Authorities below as to be interfered with in this petition.