KARTAR SINGH Vs. HARBHAJAN SINGH AND ANR.

JUDGEMENT

(1.) The landlord-petitioner has filed this petition against the order of the Appellate Authority, Ludhiana, dated 17th January, 1974, whereby the order of the Rent Controller, directing ejectment of the tenant, was set aside and the appeal was accepted.

(2.) On 18th February, 1971, an application for eviction was presented by Kartar Singh, landlord-petitioner, with the allegations that the shop was on rent with Harbhajan Singh, respondent, at the rate of Rs. 50/- per month. The tenant was said to have been in arrears for the period from 1st January, 1966 to 28th February, 1971. It was further alleged that the tenant has sublet a portion of the shop to Darshan Singh, without his consent. The application was contested by Harbhajan Singh alone. He raised the plea that the rent fixed between the parties was at the rate of Rs. 15/- per month and that it had subsequently been increased to Rs. 19/- per month. At that rate, the arrears were paid on the first date of hearing. The allegations of subletting any portion of the shop to Darshan Singh were emphatically denied. On the pleadings of the parties, the Rent Controller framed the following issues :-

(3.) Whether the value and utility of the premises has been materially impaired by the respondents