MOHAN LAL Vs. MEGH RAJ

JUDGEMENT

(1.) THIS is tenant's revision petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlord Megh Raj sought ejectment of his tenant Mohan Lal from the house in dispute, inter alia on the ground that it has become unsafe and unfit for human habitation. It is in a dilapidated condition and its two apartments are without any roof. The tenant has impaired the value and utility of the same. It was further pleaded that the house was rented out for residence, whereas the tenant was running a shop therein and has also shifted his residence elsewhere. The tenant controverted the said allegations.

(3.) AFTER hearing the learned counsel for the parties, I do not find any merit in this revision petition. It has been found as a fact that the tenant has shifted his residence somewhere else and in the house in dispute, which was rented out for residence, business is being carried on. Thus, change of user is amply proved on the record. I do not find any impropriety or illegality in the concurrent findings of both the authorities below. Consequently, this revision petition fails and is dismissed with no order as to costs. However, the tenant is allowed three months' time to vacate the premises in dispute, provided all the arrears of rent, if any are deposited with the Rent Controller within one month, with a further undertaking in writing that after the expiry of the said period, vacant possession will be handed over to the landlord and rent for the said period will be paid in advance by the 10th of every month. Revision dismissed.