THAKAR DASS Vs. KALWANT SINGH

JUDGEMENT

(1.) This is an application for revision filed by Thakar Dass against the order of the Appellate Authority dismissing his appeal and affirming the order of the Rent Controller, Karnal disallowing the petition for ejectment.

(2.) It was alleged by the landlord that the tenant has not paid the rent at the stipulated rate from the 24th of September, 1956 upto the date of the application which was some time in June, 1957. The tenant was also alleged to have sublet a portion of the shop without the landlord's consent in writing. The shop was further alleged to be required for the landlord's personal use as he had not other residential accommodation in the urban area of Karnal and lastly it was pleaded that the shop was in a dangerous condition and unfit for human habitation. I may here mention that Thakar Dass had purchased this shop from Nathu Ram, the previous owner, by means of a sale-deed dated the 24th of September, 1960, duly registered on the following day.

(3.) The tenant while admitting the tenancy denied the other allegations. He, however, contended that he had been in occupation of the shop as Nathu Ram's tenant at Re. 1/- per mensem and that the shop was being used by him for business and not residential purposes. The premises were alleged to be in a perfectly good condition and fit for use and occupation as a shop. The allegation of sublease was controverted and it was also denied that the landlord required the building for his own use.