BAKSHI SINGH AND ANOTHER Vs. NAUBAT

JUDGEMENT

(1.) This is a tenant's revision petition against the decision of the Appellate Authority confirming on appeal the order of the Rent Controller evicting him from the premises in dispute.

(2.) In 1957, the shop in dispute situate in Khanna, district Ludhiana, was given on a monthly rent of Rs. 55/- to Bakshi Singh, by its owner Naubat Rai. In May, 1964, the landlord filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called 'the Act') for the eviction of the tenant, on a number of grounds, but in this revision petition we are only concerned with one of them, namely, that the tenant had without the written consent of the landlord, used the building for purpose other than that for which it was leased. This ground is covered by Section 13(2)(ii)(b) of the Act. It was alleged by the landlord that the tenant had taken the shop, to quote the words of the landlord himself in the ejectment application, "barai dukandari tokajat". In other words, it was leased for business in connection with chaff cutting machines. Subsequently, the tenant had, after taking a five horse-power electric connection installed a lathe, a grinder and a drill in the premises without the consent of the landlord. Thus, he had turned the shop into a factory.

(3.) The tenant contested the ejectment application. It was admitted by him that he had taken an electric connection for working a lathe, a grinder and a drill with the help of electric motors. He did not, however, manufacture the toka machines, but only assembled their spare parts and then sold the same. The user of the shop had, thus, not been changed.