KASHMIRI LAL Vs. SHAM SUNDER

JUDGEMENT

(1.) This revision has been filed against judgment of concurrence. Eviction petition filed by the respondent-landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 was allowed by the Rent Controller on September 18, 1979. Aggrieved, petitioner-tenant filed an appeal but without any success. The same was dismissed by the Appellate Authority on October 13, 1980.

(2.) When the revision came up for hearing before this Court on January 5, 1981, the same was admitted without notice to the landlord. Petitioner-tenant had also obtained stay of his eviction.

(3.) In brief, facts of the case are that Sham Sunder, owner of Shop No. 75, situated in Mohalla No. 10, Jalandhar Cantt. and had rented out the same to Sobha Ram and Kashmiri Lal on August 1, 1973 at the rate of Rs. 100/- per month by an oral agreement but subsequently a rent note was also executed on January 24, 1974. The respondent - landlord sought eviction of the tenants on the ground that they were in arrears of rent since June 1, 1976 to the date of filing of the application as also that they had materially impaired the value and utility of the building by demolishing and reconstructing a verandah in front of the shop without getting the written consent of the landlord as also without obtaining any sanction from the Cantonment Board. Installation of a hand pump in front of the shop was also pressed into service for eviction of the tenants. It was also contended that the tenants were using the premises in dispute for a purpose other them that for which it was let out.