JAGAN NATH Vs. DHARAM NATH

JUDGEMENT

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

(2.) THE landlord, Dharam Nath, sought the ejectment of his tenant, Jagan Nath from shop in dispute which was originally rented out at a monthly rent of Rs. 20/-, but later on by way of compromise the rent was increased to Rs. 50/- per mensem. The ejectment application was filed on 14th May, 1974, inter alia, on the ground that the tenant has sublet the shop to Budh Ram, respondent No.2; that the tenant has committed such acts which have impaired the value and the utility of the building; the shop was taken on rent for the purpose of selling of biscuits but later on started bakery manufacturing and installed a big furnace inside the shop; the chimney of the furnace goes through the roof of the shop badly damaging the roof and the walls; the tenant has built a Chhapar and a Chabutra in front of the shop, but this Chabutra was demolished by the local Municipal Committee; and that the tenant has used the building for a purpose other than the one for which it was rented out.

(3.) THE learned Rent Controller found that since the rate of rent was Rs. 50/- per mensem, whereas the tenant tendered arrears of rent at the rate of Rs. 20/- mensem, the tender was short and thus not valid. It was further found that the tenant has materially impaired the value and utility of the shop in dispute by installation of the Bhathi and chimney when the shop was admittedly given on rent to the tenant for selling biscuits etc. and not for manufacturing of the biscuits. The learned Rent Controller also found that the tenant had changed the user of the disputed shop. In view of these findings, an eviction order passed.