BADRI PARSHAD Vs. SHAM LAL

JUDGEMENT

(1.) THIS is a landlord's revision filed by Badri Parshad and others and it has been directed against the judgment dated 19.11.1982 passed by the Appellate Authority, under the Haryana Urban (Control of Rent and Eviction) Act (hereinafter referred to as the Act), Hissar, who dismissed the appeal of the petitioners by affirming the order dated 26.3.1981 passed by the Rent Controller, Hissar, who dismissed the ejectment petition of the landlords under Section 13 of the Act.

(2.) THE brief facts of the case are that the demised premises is a shop bearing No. 351 situated outside Delhi Gate, as described in the head-note of the petition. An ejectment application was filed by Badri Parshad and Lakshmi Narain alleging that respondent Sham Lal was inducted as a tenant in the demised premises on a monthly rental of Rs. 150/- besides house-tax and that the tenant is in arrears of rent w.e.f. 21.4.1974 till the date of filing of the ejectment application. The landlords also sought the ejectment of the tenant on the ground of subletting by stating that a portion of the shop had been sublet to respondents No. 2 and 3, who were arrayed as respondents in the trial Court but subsequently the ground of subletting was given up during the pendency of the main ejectment petition and respondents No. 2 and 3 were also given up by the learned counsel for the landlords appearing in the trial Court. Resultantly, the only ground pressed by the landlords was non-payment of arrears of rent.

(3.) FROM the pleadings of the parties, the learned Rent Controller framed the following issues :-