MANJEET SINGH Vs. ARUN BHOIL

JUDGEMENT

(1.) This revision has been directed against the judgment, dated 16.1.2010 passed by the learned Appellate Authority, Shimla in Civil Miscellaneous Appeal No. 56-S/14 of 2009 affirming the ejectment order, dated 30.6.2009 passed by the learned Rent Controller, Court No. (6) Shimla, H. P. in Rent Application No. 2/2 of 2006.

(2.) The facts, in brief, are that Respondent No. 1 had filed a petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (in short, the 'Act') against the Petitioners and proforma Respondent No. 2 on the grounds of change of user of the premises in question and that the Petitioners and proforma Respondent No. 2 have committed such acts, which have materially impaired the value and utility of the premises in question.

(3.) The case of Respondent No. 1 is that the Petitioners and proforma Respondent No. 2 are tenants in one shop in the ground floor and two residential rooms in the first floor. The premises in question are residential/ non-residential. The premises were originally let out to Dhanna Singh, predecessor-in-interest of Petitioners and proforma Respondent No. 2 on rent at the rate Rs. 400/- per month. There is no written agreement. The Petitioner and proforma Respondent No. 2 without written consent of Respondent No. 1 are using the premises for a purpose other than one, for which, these were let out. They have changed the user of the portion in the first floor from residential to non-residential. The first floor consisting of two rooms set was let out for residential purposes and ground floor for commercial use. In the ground floor, three businesses i. e. , (i) Channa Boutique; (ii) Channa Properties and (iii) Eye Testing & Spectacles are being run. Two rooms in the first floor have been converted into three rooms, where tailoring work has been started, which amounts to change of user. The Petitioners and proforma Respondent No. 2 have carried out extensive unauthorized alterations in the ground floor as well as in the first floor. In the first floor, they have carried out aluminum partition and added 3rd room of permanent nature for running tailoring machines. They have carried out construction activities in the ground floor with aluminum and wooden work of permanent nature for making additional room for eye testing. The light and air in both the floors have been stopped.