SARDARI LAL Vs. SARITA

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlady, Smt. Sarita Singla filed the ejectment application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), dated 21.4.1984, seeking the ejectment of her tenant Sardari Lal from the demised premises which consist of one room on the ground floor in a residential building in which she is residing herself alongwith her family. The ejectment was sought inter alia, on the ground that the landlady bonafide required the premises in dispute for her own occupation and for the occupation of her husband who was a lawyer and required the same for his office. She further stated that earlier they were living with the landlady's mother in the remaining portion of the building bearing Municipal Unit No. 1277, but since in society it is considered degrading to live as 'Ghar Jawai', her husband wanted to live independently from his mother-in-law. Accordingly, she pressed her mother to partition her share in the building and in accordance with partition, one-fourth share of the building bearing Municipal Unit No. 1277, which includes the room in dispute, has been allotted to her by the Civil Court decree dated 14.3.1984, and secondly, the premises were rented out for doing tailoring business whereas now the tenant has started the business of selling cloth therein and thus there was change of user.

(3.) THE learned Rent Controller found that the evidence led by the landlady is sufficient to prove that there was change of user by the tenant in view of the report of the Local Commissioner as the shop was being used for drapers whereas the same was not rented for the said purpose vide rent note dated 13.11.1971, Exhibit P.W.4/1. Consequently, eviction order was passed on 8.18.1985 on this ground alone.