KARAM SINGH Vs. CHAUDHRI AUTO DIVISION

JUDGEMENT

(1.) The present revision petition has been filed by Karam Singh (since deceased) and now represented by legal representatives against the order of the learned Rent Controller, Hoshiarpur dated 22.12.1980 and of the Appellate Authority, Hoshiarpur dated 6.11.1982. The learned Rent Controller had dismissed the petition for eviction and the order was upheld by the Appellate Authority.

(2.) The relevant facts are that petition for eviction had been filed by Karam Singh against the respondent-M/s. Chaudhri Auto Division. It was asserted that the property in question which comprises of three shops was let out to the respondent on a monthly rent of Rs. 400/- vide rent note dated 26.8.1978. Shri R.K.K. Chaudhary had executed the rent note. The respondent was alleged to be in arrears of rent since 26.9.1978 and converted three shops into one by removing the intervening walls without the consent of the landlord. It was in this process that it was asserted that value and utility of the premises has been impaired.

(3.) The respondent contested the eviction petition. According to the respondent, property had been let out for purposes of a show room. Three shops were converted in to one shop by the agent of the petitioner because the purpose of the tenancy was to run a showroom. It was denied, therefore, that value and utility of the property has been impaired.