JAI NARAIN Vs. SHIV KUMAR AND OTHERS

JUDGEMENT

(1.) This revision petition has been preferred against judgment dated 31.10.2008 of the Appellate Authority, Kurukshetra vide which the appeal of respondent nos. 1 to 3 directed against judgment dated 12.1.2008 passed by the Rent Controller, Pehowa was accepted and the petitioner as well as respondent no.4 were ordered to hand over the vacant possession of the demised premises to the landlord.

(2.) An application under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act,1973 was filed by respondent nos. 1 to 3 for ejectment of the petitioner and respondent no.4 from the demised premises. It was pleaded that the demised premises was let out to the petitioner, but he has shifted to Panipat and has sub-let the same in favour of respondent no.4.

(3.) The petitioner contested the ejectment application, whereas respondent no.4 did not appear despite service of notice and hence, he was proceeded ex parte. In his reply, the petitioner, although admitted that he had shifted to Panipat, yet, pleaded that the demised premises was still in his possession. He also refuted the allegation of sub-letting. The Rent Controller framed the following issues:-