RAM PARKASH Vs. SURINDER PAL SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Ram Parkash and others, hereinafter described as "the petitioners" directed against the judgment of the learned Appellate Authority, Amritsar, dated 8.9.1981. By virtue of the impugned judgment, the order of the learned Rent Controller, Amritsar, was set aside and instead an order of eviction was passed against the petitioners granting them two months time to vacate the demised premises.

(2.) The relevant facts are that the respondent had filed an eviction petition against the petitioners with respect to the property in dispute. It was asserted that the property in question had been let vide rent note dated 12.6.1965. The same had been let to Tek Chand, Predecessor-in-interest of the petitioners. The sole ground which survives for consideration in the present revision petition is that the property in question was let to be used for the sale of ice and vegetable but the petitioners have converted the user of the shop by converting it into a wood and charcoal stall.

(3.) The eviction petition had been contested. It was asserted that in the shop the business of sale of ice, vegetables, coal and fuel wood is carried on from the very beginning. The respondent-landlord had never objected. It was denied that the coal is broken in the premises or fuel wood and pierced therein. It does not impair the value and utility of the premises.