KHAZAN SINGH Vs. PRITHVI SINGH SHARMA

JUDGEMENT

(1.) The present revision petition has been filed by the legal representatives of tenant Jai Karan on the ground that they had inherited the tenancy.

(2.) IN the present case, eviction petition was preferred by Prithvi Singh Sharma. The eviction petition was instituted on 4.8.1987. It was stated in the rent petition that petitioners herein are the sons of Jai Karan who had expired in the month of January 1987 and now they are tenant in the demised premises at a monthly rent of Rs. 180/- per month including house tax and electric charges. It was further stated that the house is in question was let out to the deceased Jai Karan for his residence and no fair rent of tenancy has been fixed. In para 5 of the eviction petition, it was stated that tenant is liable to be evicted on the ground that he has failed to make payment of arrears of rent including house tax and electric charges from July 1984. Second ground pleaded was that the respondents had changed the user and occupation of the house in question to that of commercial without the consent and knowledge of the petitioner. Thirdly that the respondent/tenant was a Band Master and he used to play drums, bands and flute in loud manner, therefore, the same caused nuisance to the inhabitants of the vicinity. It was further stated that the premises is required for personal necessity as son of the landlord who was previously in the foreign country has come back to India in the month of January 1987. it was stated that the petitioner was having small portion of house in his own possession. He is having one room and two stores on the ground floor, which is not sufficient for him, as his son and his family, had just returned from foreign country.

(3.) WHETHER the respondents have caused a permanent nuisance to the petitioner as well as the inhabitants as alleged. If so to what effect ? OPR