HARI CHAND Vs. JAI PARKASH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate Authority affirming on appeal the order of the Rent Controller ordering ejectment of the petitioners from the demised premises.

(2.) THE facts:-- The respondent (hereinafter referred to as the landlord) filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the Act) for eviction of the revision petitioners (hereinafter referred to as the tenants) from the shop bearing No. 310, situated in Ward No. 4, Main Bazar, Radaur on the ground that the shop was let out to firm Chamba Ram Hari Chand through Chamba Ram. Chamba Ram died The firm ceased to exist. Hari Ram transferred his leasehold rights to Ishwar Chand and Ram Kishan without the written consent of the landlord.

(3.) THE tenants, namely, Hari Chand and Ishwar Chand filed a joint written statement pleading that the shop was taken on rent through Chamba Ram for firm Chamba Ram Ishwar Dass alias Ishwar Chand and Hari Chand The firm is registered in the name of Chamba Ram Ishwar Dass. Although Chamba Ham has died but firm Chamba Ram Ishwar Chand still exists. Hari Chand aid not sub-let the demised premises to Ishwar Chand and Ram Kishan. Ram Kishan who was originally arrayed as respondent No. 3 in the eviction application in a separate written statement pleaded that he had never been in possession of the demised shop.