There was an appeal to the Appellate Authority and the Appellate Authority dismissed the said appeal.
According to the appellant the purpose of the user still remains companymercial and that in the rent numbere there was numberclause prohibiting the appellant to change any other business in the shop in dispute.
The appellant submitted that after March, 1979, the licence of liquor vend in his favour was number renewed and he had to discontinue that business of liquor vend at the shop in dispute and had to start the business of general merchandise.
The High Court dismissed the civil revision and upheld the eviction.
The landlord, respondent herein filed a petition under section 13 of the Haryana Urban Control of Rent Eviction Act, 1973 hereinafter called the Act against the appellant on the ground of arrears of rent from 1.4.1979 to 31.8.1979 and change of user from Liquor Vend business to that of general merchandise at the shop in dispute by the appellant.
From the Judgment and order dated 14.8.87 of the Punjab Haryana High Court in Civil Revision No.
The appellant went in civil revision to the High Court of Punjab and Haryana.
If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application is satisfied XX XX XX that the tenant has after companymencement of 1949 Act, without the written companysent of the landlord XX XX XX b used the building or rented land for a purpose other than that for which it was leased.
Hence this appeal.
Clause 4 of the said rent numbere provided, inter alia, as follows That the tenant will run the business of English Liquor Vend in the shop will do sale of Liquor.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant tendered the entire arrears of rent at the first date of hearing and thereafter he companytested by filing written statement.
50 of 1988.
B. Rohtagi, Mukul Rohtagi, Atul Tewari and Ms. Bina Gupta for the Respondent.
The appellant took on rent the premises in dispute from the respondent at a monthly rent of Rs.
2836 of 1982.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana dated 14th August, 1987.
Dr. Meera Aggarwal for the Petitioner.
120 and executed a rent numbere in his favour on 19th April, 1975.
