LAWS(HPH)-1975-10-5

PREM CHAND Vs. BENI MADHAV

Decided On October 21, 1975
PREM CHAND Appellant
V/S
BENI MADHAV Respondents

JUDGEMENT

(1.) This is a tenant's revision petition arising out of proceedings for eviction under Sec. 13(3)(a)(i) of the East Punjab Urban Rent Restriction Act, 1949.

(2.) There is a double storeyed building in Samkhetar Mohalla, Mandi. It is occupied by the Petitioner as tenant. The Respondent -landlord applied under Sec. 13(3)(a)(i) of the Act for eviction of the Petitioner. He alleged that the ground floor of the building was used as a bakery by the Petitioner while the first floor was used as his residence. He claimed that the building was needed for his own occupation. Besides, it was alleged, the bakery in the ground floor constituted a nuisance to the occupiers of the buildings in the neighbourhood. He also alleged that by installing an oven in the ground floor for the purposes of the bakery the Petitioner had materially impaired the value and utility of the building.

(3.) The application was resisted by the Petitioner, he denied the allegations made by the Respondent. He asserted that the entire building was used for the bakery and shop and was, therefore, nonresidential in character. He denied that the Respondent needed the building for his own occupation, and also that the smoke from the bakery was a source of nuisance. According to him the premises have been rented for housing a bakery and were being used as such.