LAWS(P&H)-1981-8-33

SMT. DHANESH BALA Vs. SEWA RAM ETC.

Decided On August 10, 1981
Smt. Dhanesh Bala Appellant
V/S
Sewa Ram Etc. Respondents

JUDGEMENT

(1.) This revision petition has been filed by the tenant against the judgment of the Appellate Authority, Gurgaon, affirming the order of the Rent Controller ordering her ejectment on the ground of non -payment of rent.

(2.) Briefly, the facts are that the property in dispute is alleged to have been let out by Sewa Ram landlord to Rati Ram, Respondent No. 2. The landlord filed an application for ejectment against Rati Ram on the ground of non -payment of rent. The latter was served for 18th May, 1976 but he did not appear on that date Consequently, he was proceeded against ex pane. On the same date, Smt. Daanesh Bala filed an application for being impleaded as a party on the ground that in fact she was the tenant in the premises. The learned Rent Controller impleaded her as the party on 23rd July, 1976. She, in her written statement dated 12th August, 1976, controverted the allegations of the Petitioner and pleaded that she had paid the rent.

(3.) The Rent Controller, after recording the evidence, came to the conclusion that she did not pay the rent. Consequently he ordered her ejectment. In appeal, the judgment of the Rent Controller was affirmed. She has come up in revision against the judgment of the Appellate Authority to this Court.