RAGBIR SINGH Vs. HAMIF

JUDGEMENT

(1.) THIS petition is directed against the order of the appellate authority allowing the appeal of the tenants and dismissing the petition filed by the petitioner.

(2.) THE petitioner filed an ejectment application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, for the eviction of respondents. In the petition, he claimed to be owner and landlord of demised premises which as per his case in the application was let out to respondents No. 1 and 2 since long on rent at the rate of Rs. 225/- per month besides house-tax. He claimed ejectment on the ground that respondents No. 1 and 2 are in arrears of rent, w.e.f., 1.11.1980 to 31.10.83 and they have sublet the demised premises to respondents Nos. 3 and 4 without the written consent of the petitioner.

(3.) THE learned Rent Controller passed an order of ejectment against the respondents. The respondents filed an appeal before the appellate Authority against the said order of Rent Controller. The appellate Authority allowed the said appeal of respondents and dismissed the ejectment application of the petitioner after finding that the petitioner has failed to establish that respondents No. 1 and 2 had sublet the premises to respondent No. 3 and 4, and he has further failed to prove that he is landlord of the demised premises. The petitioner has impugned the order of the appellate Authority in this revision petition.