MADHO RAM GARG Vs. BALDEV SINGH BATH

JUDGEMENT

(1.) CHALLENGE in this revision petition is to an order, dated 11.1.2007, passed by the learned appellate Authority, Chandigarh, accepting the appeal, filed by respondent No. 1-landlord and reversing the order, dated 29.11.2004, passed by the learned Rent Controller, Chandigarh.

(2.) THE landlord-respondent No. 1 is admittedly owner of shop-cum-office No. 284,Sector 35-D, Chandigarh, and in possession of the first and second floors of the building. The rear portion on the ground floor is occupied by the petitioner as a tenant initially @ Rs. 600/- per month and eventually increased to Rs. 1,300/- per month excluding water and electricity charges. The landlord filed a petition for ejectment on the grounds that the petitioner had sublet the premises to respondent No. 2 for running an STD booth, without any authority from the landlord, the petitioner had made alterations in the premises, which had materially impaired the value and utility of the building, and that the landlord required the premises for his own use and occupation, as after living for over 30 years in the West, he was fed up with the western way of life and had decided to shift to India and to start a business in the portion, occupied by the petitioner.

(3.) THE learned Rent Controller framed the following issues :