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1993 Supreme(SC) 39

YOGESHWAR DAYAL, M.N.VENKATACHALIAH, J.S.VERMA
Bishamber Dass Kohli – Appellant
Versus
Satya Bhalla – Respondent


Advocates:
ANIL GUPTA, Gopi Chand, K.K.GUPTA, V.C.MAHAJAN

JUDGMENT

VERMA, J.—The suit premises in Chandigarh was let out by the appellant to the respondent, Smt Satya Bhalla on November 1, 1974 on a monthly rent of Rs 550 solely for residential purpose. However, the respondents husband, a lawyer established his office in a part of the suit premises and started using the same for that purpose. The appellant-landlord filed a petition before the Rent Controller in February 1983 seeking eviction of the respondent-tenant on several grounds including the ground contained in Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949 i.e. the use of the building for a purpose other than that for which it was leased. The Rent Controller made an order of eviction of the respondent-tenant on the ground of change of user contained in Section 13(2)(ii)(b). The tenants appeal was dismissed by the appellate authority which affirmed the order of eviction made by the Rent Controller. A further revision to the High Court has been allowed by the learned Single Judge and the order of eviction has been set aside. The High Court has held that the building let out as a residential building became a scheduled building by use of a part thereof as la






























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