J.V.Gupta, J.

1. This is tenants petition against whom ejectment application was dismissed by the Rent Controller, but the eviction order was passed in appeal. The premises in dispute is vacant land measuring 70 x 20 on which a room is also constructed. The same was let out to tenant Ram Singh on 1st March, 1973. The landlord filed the present ejectment application on 27th April, 1982, inter alia on the ground that the tenant has materially impaired the value and utility of the demised premises by constructing two chhapars on the vacant land; that the premises were given for residential purposes whereas the tenant was doing dairy business therein by keeping cattle; that the tenant being guilty of such act and conduct as are nuisance to the landlord and in the neighbourhood. The plea of non-payment of arrears of rent from 1st June, 1979 to 31st March, 1982 was also taken.

2. The reply filed on behalf of the tenant, he denied all the averments made in the ejectment application. He pleaded that the premises were taken on rent for dairy purposes and not for residential as alleged. He denied that the rate of rent was Rs. 200/- as claimed by the landlord and also the plea that he