JAGDISH SINGH Vs. DAVINDER KUMAR

JUDGEMENT

(1.) This is a revision by the sub-tenant under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) assailing the judgement passed by the appellate authority dated 18.11.2009 whereby allowing the appeal and directing eviction of the tenant on the ground of sub-tenancy as well as on the ground of accommodation is unfit and unsafe for use and human inhabitation.

(2.) Brief facts of the present case are that respondent - landlord preferred an application under Section 13(2)(ii) of the Act seeking eviction of the tenants i.e. respondent No. 1 and the present revisionist (sub-tenant) impleaded as respondent No. 2 therein on the ground of sub-tenancy as well as on the ground building is unfit for use and human inhabitation.

(3.) Learned trial Court/Rent Controller did not find favour with the pleadings set-up by the landlord and rejected the eviction application. Feeling aggrieved from the order of the Rent Controller, appeal was filed before the appellate authority under Section 15(1)(b) of the Act.