MADAN MOHAN MANCHANDA Vs. K P SHARMA

JUDGEMENT

(1.) The present revision petition has been filed by Madan Mohan Manchanda, hereinafter described as 'the petitioner", against the order passed by the learned Rent Controller, Chandigarh, dated 2.8.1996, and the learned Appellate Authority, Chandigarh, 3.9.1998. The learned Rent Controller had passed an order of eviction against the petitioner and the appeal filed against that order was dismissed.

(2.) The relevant facts are that respondent Dr. K.P. Sharma had filed a petition for eviction against the petitioner with respect to the premises in question. The sole ground which seeks consideration in the present revision petition is as to if the petitioner had changed the user of the property contrary to the original purpose of letting. The respondent's case was that the property was let to the petitioner at a monthly rent of Rs. 1,000/-. The purpose of letting was residential/domestic. The petitioner was stated to have installed machinery and has erected Bhatties and started manufacturing Reories and certain salty items in the premises. In other words, it was asserted that the property is being used for commercial purpose without the consent in writing of the respondent-landlord.

(3.) The petitioner contested the eviction application. It was the claim of the petitioner that the property had not been let for any specific purpose. Right from the very beginning, the suit property is being used for running of the business. The petitioner has never used the property for residential purpose and thus there is no misuser of the premises.