DAMYANTI BHALLA Vs. PRITPAL SINGLA

JUDGEMENT

(1.) The present revision petition has been filed by Mrs. Damyanti Bhalla and another, hereinafter described as the petitioners, directed against the judgment of the Appellate Authority, Chandigarh, dated 22.4.1998. By virtue of the impugned judgment, learned Appellate Authority had set aside the order of the learned Rent Controller, Chandigarh, dated 11.12.1996 and dismissed the petition for eviction.

(2.) The relevant facts are that the petitioners had filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act"). The respondent was stated to be a tenant in the property in question as proprietor of M/s Singla Provision Stores. It was claimed that he was in arrears of rent w.e.f. 1.12.1991 and that he has changed the user of the premises from residential to commercial without the consent of the petitioners and in addition to that unauthorised additions and alterations have been made. Lastly, it had been averred that the conduct of the respondent had caused nuisance to the occupiers of the buildings in the vicinity.

(3.) The petition as such was contested by the respondent. On the first date of hearing the respondent had tendered the arrears of rent with interest which was accepted under protest. The relationship of landlord and tenant had not been disputed but the respondent alleged that the building in dispute was exempt from the purview of the Act. Thus, the learned Rent Controller had no jurisdiction to entertain the petition for eviction. Petitioner No. 1 was stated to be the allottee. As per terms of the allotment, ownership rights were still vested with the Chandigarh Housing Board. It was alleged that permission had not been taken from the Chandigarh Housing Board to let the property to the respondent. The grounds of eviction were also controverted.