BALBIR SINGH Vs. CHANCHAL SINGH

JUDGEMENT

(1.) Petitioner, Dalbir Singh, is a tenant in premises owned by the landlord, Chanchal Singh. He has been evicted in pursuance of the order of the Rent Controller, Nalagarh, dated 31 -12 -1983. The creation of the tenancy falls back to 25 -4 -1974 (Ex. PA) and the present application was filed on 22 -3 -1982.

(2.) The basis of seeking eviction is that the tenant, without the consent of the landlord, uses the building for the purpose other than that for which it was leased and that the acts, being committed by the tenant, were likely to impair materially the value of utility or the shop. The tenant has contested this complaint of the landlord. He alleges that the premises were let for business purposes and the same were being used for the same purpose and the value or utility of the property in question was not being impaired in any way.

(3.) On the pleadings of the parties, the following issues were framed by the Rent Controller : 1. Whether the respondent has used the premises in dispute for the purposes other than for which it was let out ? O.P.P. Whether the respondent is liable for ejectment on the ground mentioned in Para -18 -A (ii) of the petition ? O.P.P. Relief."