LAWS(P&H)-1989-9-50

LABH CHAND OM PARKASH Vs. KRISHAN LAL

Decided On September 07, 1989
LABH CHAND OM PARKASH Appellant
V/S
KRISHAN LAL Respondents

JUDGEMENT

(1.) THE demised premises were taken on rent from one Om Parkash and Harnam Singh at yearly rent of Rs. 700/. The premises are constituted of 7 Khans. Out of them, tenant is in possession of 3 Khans. He has been running the shop of jute ropes, cots and tobacco etc. for more than two decade The two Khans on the back of the premises in occupation of the tenant were locked by the landlord and were in his possession. The respondents purchased the demised premises on 1 3. 1. 1978.

(2.) THE successor of the landlord i. e. the respondents after the purchase of the demised premises on 13. 1. 1978, sought ejectment of the tenant on the ground that the tenant was in arrears of rent with effect from 13. 1,1978 i. e. from the date they purchased the dismissed premises. The ejectment application was preferred on 11. 9. 1980. The rate of rent was claimed to be Rs. 250/p. m. It was also averred that the tenant had created nuisance by obstructing the use of two khans which were in possession of the landlord. The allegation levelled against the tenant was that he refused to provide access to the first floor from the staircase in his possession. ' The charge of user of the premises in dispute was also attributed by averring that the shop in dispute was leased out for running a grocery shop but now the tenant is using it for selling bamboo, jute, cots and tobacco etc.

(3.) THE allegations were denied by the tenant and it was claimed that the rent was Rs. 700/- per annum.