SHIV KUMAR Vs. GURUBHAGTI

JUDGEMENT

(1.) THIS revision petition under Section 24(5) of the H.P. Urban Rent Control Act, 1987 is directed against the order of the learned Appellate Authority, Kinnaur at Rampur, dated 1.6.2000 in Civil Appeal No.7 of 1999, whereby he has allowed the appeal of the respondent-landlady and ordered the eviction of the petitioner-tenant on the grounds that the tenant is in arrears of rent and that the tenant has changed the user of the premises. The learned Appellate Authority has set aside the order of the Rent Controller, Rampur, dismissing the eviction petition filed by the landlady.

(2.) THE brief facts necessary for decision of the case are that the landlady Smt.Gurubhagti filed a petition for eviction of the tenant under Section 14 of the Rent Control Act on various grounds including the ground that the tenant was in arrears of rent and that the tenant had converted the residential premises to commercial use. Other grounds though raised, have not been pressed before me. The demised premises consist of two sets of one room with a kitchen and a bathroom and verandah each on the ground floor and first floor of the building. The landlady claimed that the rent of the premises was Rs.600/- per set per month i.e. Rs.1200/- for the two sets.

(3.) THE parties were afforded opportunity to lead evidence. The respondent-landlady examined herself, her husband Shri R.D. Negi and two other witnesses in support of her case. The petitioner- tenant did not lead any evidence except two documents Exs.DA and DB. The Rent Controller dismissed the petition and held that the petitioner had not changed the user of the premises and that he was not in arrears of rent. He also held that the respondent is not the landlady of the petitioner for the purpose of the eviction petition.