MOHAN LAL Vs. JAI BHAGWAN

JUDGEMENT

(1.) THIS revision petition is directed against an order dated 8.9.1982 passed by the learned Appellate Authority under Section 15(4) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act'), whereby an appeal of the tenant-petitioner against an order of his ejectment from the shop in dispute passed by the learned Rent Controller on 22.8.1981 was dismissed.

(2.) JAI Bhagwan landlord-respondent filed an application under Section 13 of the Act for the ejectment of the petitioner, inter alia, on the ground that the latter has used the shop for a purpose other than that for which it was leased out to him. It was averred that the shop was let out to the petitioner for running a liquor vend vide rent note dated 19.4.1975 but in contravention of the terms and conditions contained therein he started the business of general merchandise in the demised shop. Both the authorities below reached at a concurrent finding of fact that this ground for ejectment stood established.

(3.) CONSEQUENTLY , the order of eviction passed by the authorities below is upheld and this revision petition is dismissed. The petitioner is, however, allowed three months' time to vacate and hand over the vacant possession of the shop in dispute to the respondent on the condition that he deposits the entire amount of arrears of rent alongwith future rent for three months within one month from today in the Court of the Rent Controller for payment to the respondent. On his failure to comply with this condition the respondent shall be entitled to take out execution of the eviction order forthwith and recover vacant possession of the demised shop. There shall, however, be no order as to costs. Petition dismissed.