(1.) THIS is landlord's revision petition in whose favour the eviction order passed by the Rent Controller was set aside in appeal.
(2.) THE landlord sought the ejectment of the tenant from the room measuring 9' x 7' of his house No. 2-A/85-C, NIT, Faridabad, which was let out to him at a monthly rent of Rs. 80 per month plus Rs. 9 as house-tax. The ejectment was sought inter alia on the ground of non-payment of arrears of rent and change of user. According to the landlord, the premises were let out for residential purposes whereas the tenant was using the same for running a tea shop. In the written statement, the tenant controverted the said allegations. It was pleaded that the premises, in question, were a shop and were let out as such. On trial, the Rent Controller found that the tenant had rendered himself liable to be ejected on the grounds of non-payment of the arrears of rent and the change of user. Consequently, the eviction order was passed against him. In appeal the learned Appellate Authority reversed the said findings of the Rent Controller and came to the conclusion that even if the tenant had failed to pay the house-tax as such on the first date of hearing, as he had tendered more rent than demanded, the same should be adjusted towards the house tax. On the question of change of user of the demised premises, the learned Appellate Authority found that the premises in dispute, were a shop and were let out as such. Not only the demised premises but also there were two shops adjoining them owned by the landlord wherein his sons were carrying on business. Consequently, the eviction order was set aside.
(3.) AFTER hearing the learned counsel for the parties and going through the evidence on the record, I do not find any impropriety or illegality in the findings of the Appellate Authority.