LAWS(HPH)-2015-10-117

SAIN RAM JHINGTA Vs. SURINDER SINGH

Decided On October 09, 2015
Sain Ram Jhingta Appellant
V/S
SURINDER SINGH Respondents

JUDGEMENT

(1.) This Revision Petition under Section 24(5) of the H.P. Urban Rent Control Act, 1987(for short the 'Act') is directed against the judgment dated 20.4.2012, passed by learned Appellate Authority, Shimla, Camp at Rohru whereby order passed by learned Rent Controller (I), Rohru has been reversed and consequently the eviction petition filed by the petitioner/landlord has been ordered to be dismissed. Brief facts may be noticed.

(2.) The petitioner sought eviction of the respondent of the premises in dispute on the ground that he has changed the user of property thereby impairing the utility and value of the property in dispute and, as such, is liable to be ejected. It is averred that the petitioner had let out the shop i.e. premises in dispute to the respondent for running a typing institute, but respondent has converted the said premises into a Dhaba/tea stall and had also affixed the wooden shelves on the walls which amounts to material alteration thereby impairing the value and utility of the premises in question and same renders the respondent/tenant liable for ejectment.

(3.) The respondent resisted and contested the petition by filing reply, admitting that he has taken the premises on rent for running a typing institute and has not denied that he has started running a Dhaba but would maintain that even the typing institute is being run from the shop. It is further averred that the petition is frivolous and therefore, deserves to be dismissed.