CHHAT RAM Vs. LAKHPAT

JUDGEMENT

(1.) FOR the reasons stated in the application, C.M. is allowed, order dated 4.12.2008 is recalled and the revision petition is restored to its original number. The landlord-petitioner by way of this revision has challenged the order passed by the learned appellate authority, vide which the petition filed by the landlord under Section 13 of the Haryana (Control of Rent and Eviction) Act for Eviction, has been ordered to be dismissed, by accepting the appeal filed by tenant.

(2.) THE petitioner brought a petition for eviction of the respondent-tenant on the ground of non-payment of rent, change of user and that the tenant was causing nuisance. The plea of personal necessity was also raised.

(3.) BESIDES examining himself, the petitioner also examined two witnesses in support of the plea, that the premises in dispute was rented out to the respondent for karyana shop, whereas the respondent converted its use to a tea vending shop, by installing bhatti. He also led evidence to prove, that because of change of user, value and utility of the building had diminished, as the roof of shop had blackened, and the wall also developed cracks.