HARI OM Vs. VIYASA DEVI

JUDGEMENT

(1.) THE landlords who have failed before both the Authorities under the Himachal Pradesh Urban Rent Control Act in so far as two of the grounds of eviction are concerned, are the Petitioners in this revision petition Eviction was sought on three grounds in all, (i) arrears of rent, (ii) unauthorised sub -letting and (iii) putting the building to a different user, name y, converting it into a non -residential one whereas it was let out for residential purposes. The Rent Controller found that the tenant was in arrears of rent and ordered the eviction. It is now stated before me by the learned Counsel for the Respondents that arrears of rent had been deposited within the statutory time limit and the order of eviction has become unenforceable.

(2.) AS regards other two grounds, namely, sub -letting and putting the building to a different user, the Rent Controller held against the landlords. On appeal, the findings of the Rent Controller have been confirmed by the Appellate Authority.

(3.) THE second ground which is strongly urged before me is that the building has been put to different user. According to the Petitioners, the building was let out in the year 1960 for residential purposes and in or about 1980, the building was converted into a non -residential one. Of course, there is statement in the petition for eviction that such conversion was made just about a year and a half prior to the filing of the petition but not that it was in 1980 or any subsequent year. 'An attempt is made to show that conversion was some time in 1980 or thereafter. For this purpose, learned Counsel places reliance on Ext. PW9/B which was an application for loan made by the tenant to his Banker, namely, United Commercial Bank In column No. B', while describing the business, it is stated that the same was established in 1980. Learned Counsel wants this Court to draw an inference that the business was established for the first time only in 1980 and this document would itself prove that the building was converted into a non -residential one in that year.