DES RAJ ASHOK KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) The present revision petition has been filed by M/s Des Raj Ashok Kumar (hereinafter described as 'the petitioner') directed against the order of eviction passed by the learned Rent Controller, Bathinda dated 23.5.1987 and of the Appellate Authority, Bathinda dated 10.4.1989. The Appellate Authority upheld the order of eviction so passed.

(2.) The relevant facts are that respondent Raj Kumar had filed a petition for eviction with respect to the property in dispute against the petitioner. The sole ground of eviction that found favour with the learned Rent Controller and the Appellate Authority was that the petitioner had started the shop for a purpose other than for which it was let out. It was asserted that there has been change in the user from whole-sale business of bidi to that of sanitary and pipe fittings without the written consent of the landlord. The petition for eviction on the said ground was contested. It was asserted that a rent note had been executed between the petitioner and the previous landlord. It was stipulated that business can be carried on in the shop. The said rent note was stated to be in possession of the respondent. Plea was raised that business of sanitary and pipe fittings was not detriment to the interest of the shop or the landlord.

(3.) Issues were framed. Both the learned Rent Controller and the Appellate Authority found that the petitioner has failed to prove that there was any such rent note executed or has been lost. It was held that no such rent note as alleged by the petitioner had been executed. It was further concluded that the property had been let out for running the business of sale of the whole-sale bidies. But the petitioner has started the business of sanitary and pipe fittings. Accordingly it was held that there has been change in the user and order of eviction followed.