MOHINDER PAL Vs. JANG BAHADUR AND ANOTHER

JUDGEMENT

(1.) Tenant - revisionist has filed present revision petition under Sec. 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) challenging the judgment dated 30.01.1995 passed by the learned Rent Controller, Jalandhar, as well as, judgment dated 03.03.2001 passed by the learned Appellate Authority, Jalandhar, thereby directing the eviction of the tenant - revisionists from the tenanted premises.

(2.) Landlord-respondent has filed eviction petition against Mohinder Pal Singh - revisionist and Subhash Chander (OP No.2 in the eviction petition) alleging therein that tenant is in arrears of rent from 1.8.1989 and the tenant has not paid house tax for the year 1990-91. It is further averted by the landlord that tenant has sublet the tenanted premises to O.P. No.2 - Subhash Chander without permission and consent of the landlord. Eviction petition filed by the landlord - respondent herein was resisted by the tenant - revisionist. It was contended by the revisionist - tenant that O.P. No.2 is close friend of the landlord and simply in order to seek ejectment of the tenant, he has been arrayed as OP No.2. It is also denied that O.P. No.2 is doing wholesale business in the demised premises. It is further averted by the tenant that tenant is not in arrears of rent and entire arrears along with cost and interest was paid on the first date of hearing.

(3.) Learned Rent Controller found that tenant is not in arrears of rent and the entire arrears has been paid, however, learned Rent Controller found that OP No.2 is in exclusive possession of the demised shop and tenant is not in actual possession of the shop in dispute and tenant has sublet the shop in despite to O.P. No.2 without written consent of the landlord.