NARINDER KUMAR Vs. ISHAR DASS TREHAN

JUDGEMENT

(1.) THIS revision petition is directed against the orders of the authorities below by which the application for eviction filed by the landlord has been dismissed.

(2.) THE application for eviction of the tenant was filed on several grounds, namely, non-payment of rent, charge of user, nuisance etc. However, both in the trial Court and before the appellate authority only two grounds were pressed into service. One of the grounds for eviction of the tenant was that the tenant did not pay the arrears of rent from 5.1.1973 to 19.7.1984 and, therefore, he was liable to be evicted. The tenant tendered the arrears of rent on the first date of hearing from 5.10.1973 to 4.8.1974 meaning there by that the tenant did not tender the arrears of rent which had fallen due upto 4th October, 1973. The plea of the tenant was that he tendered the arrears of rent and several receipts were issued by Smt. Maya Devi, the landlady of the demised premises. In this respect, both the authorities below have recorded the concurrent finding of fact holding that the payment of rent upto date was proved by several receipts brought on the record of the case.

(3.) THE learned counsel for the petitioner has forcefully argued that since the demised premises was given for commercial purpose, the same could not be used for the manufacturing of soap. There is no force in the submission of the learned counsel. A bare perusal of the rent-deed makes it clear that no specific purpose was specified in the rent deed and the same was given for doing business (Barai Karowar). In view thereof, the tenant was at liberty to use it for any purpose.