RAJINDER LAL AND ORS. Vs. SANT RAM

JUDGEMENT

(1.) The Controller allowed a petition filed by the landlord for eviction of the tenant. The Appellate Authority allowed the tenant's appeal and dismissed the eviction petition. The landlord now applies in revision.

(2.) The Petitioner, Rajinder Lal, filed a petition under Sec. 13(2) of the East Punjab Urban Rent Restriction Act, 1949, for the eviction of the Respondent, Sant Ram, from the premises described as "eastern half of Shop No. 73/2, Ram Bazar, Simla", which had been let out to him by the Petitioner's father, Parma Nand. The petition was brought on the ground (a) that Sant Ram had used the accommodation for a purpose other than that for which it was leased, and (b) that he had made material alterations and additions in the premises which had impaired the utility of the building. The petition was resisted by Sant Ram, who while admitting that he had been using the rear portion of the shop as a kitchen asserted that he had obtained the oral consent of Parma Nand for that purpose. He also denied that he had made any alterations and additions to the premises which could be said to have impaired the utility of the building.

(3.) The Controller, by his order dated August 23, 1973, held that Sant Ram was using the accommodation for a purpose other than that for which it was let, but that he had not effected any alterations or additions which were likely to materially impair the utility of the premises. By reason of the finding on the first ground, the petition was allowed and Sant Ram was directed to put Rajinder Lal in possession of the accommodation.