KARTAR SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) THIS revision petition by the landlord-petitioner is directed against the judgment dated 25.5.1979 passed by the learned Appellate Authority, Faridkot, under section 15(3) of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act').

(2.) AN order of ejectment passed by the learned Rent Controller vide order dated 19.1.1978 in favour of the petitioner and against the tenant respondent was reversed by the learned Appellate Authority.

(3.) THE learned Rent Controller negatived the former two grounds for ejectment as taken in the application by the petitioner but he ordered eviction of the respondent on the third ground, i.e. the added ground, and held that while the shop was let out to the respondent for the purpose of selling meat and keeping goats, he had used the same for the business of cycle repairs. As already mentioned above, this findings of the learned Rent Controller was also reversed by the learned Appellate Authority which held that the business of cycle repairs started by the respondent in the shop did not amount to change of its user and, therefore, his eviction on the ground contained in clause (b) of section 13(2)(ii) of the Act was not attracted. This is how the petitioner has approached this Court through the present revision petition.