RAMEHSWAR DASS Vs. HAKIM RAM SARUP GARG

JUDGEMENT

(1.) THIS revision petition is directed against the orders of the authorities below by which the ejectment application of the petitioner-landlord has been dismissed.

(2.) THE petitioner-landlord filed an application for eviction of the respondent-tenant on several grounds, out of which the surviving ground is the change of user. The ground of eviction taken up against the respondent is that he took the demised premises for doing the business of 'hikmat' and that he has changed the user by utilizing a portion of the shop for storing and selling of 'acid'. Before the learned Rent Controller, the defence of the respondent-tenant was that he has been using the 'acid' in the medicines. Both the authorities below have concurrently found that the acid which was being stored and sold was being utilised in the medicines. It has further been found that no rebuttal evidence has been led by the landlord that the acid is not being used in preparing the medicines.

(3.) IN view of my aforesaid observation, there is no force in the revision petition which is hereby dismissed leaving the parties to bear their own costs. Petition dismissed.