MADAN GOPAL Vs. BALU ALIS BAL KRISHAN

JUDGEMENT

(1.) This is landlord's petition whose ejectment application has been dismissed by both the authorities below.

(2.) Two landlord sought ejectment of his tenant from the demised premises, alleging the same to be staircase: (passage) which was rented out to the tenant at a monthly rent of Rs. 9/-. It was alleged that no other passage was there for the landlord to go to the upper storey. Apart from this, the landlord has constructed a room thereon to which this is the only access and he also intends to do some construction on the upper storey. In the written statement the tenant pleaded the the demised premises is in the form of a Khokha and not the staircase, as alleged by the landlord. It was further pleaded that be was running a barber's shop therein. The said place is not a passage rather it is a Chabutra (a raised platform) and that there is a Khokha. The landlord constructed a rook on the upper storey about 4-5 years ago and it was go constructed by installing a stairs on the outer side.

(3.) The learned Rent Controller found that the landlord does not require the premises in dispute for his own use and occupation as a passage for the upper-storey. Moreover, the demised premises is not a staircase, as alleged by the landlord. It is a shop and therefore, no eviction order could be passed. The premises in dispute is a shop in the form of a Khokha It has been built by enclosing a Chabutra in front of the staircase. In appeal, the learned Appellate Authority affirmed the said findings of the Rent Controller and thus, maintained the order, dismissing the ejectment application.