SURESH KUMAR Vs. HIRA NAND

JUDGEMENT

(1.) THIS revision petition has been filed by the landlord, to challenge the judgment dated 5.1.1984 passed by the Appellate Authority, Rohtak, by which the ejectment order passed in his favour by the Rent Controller, Rohtak, on 18.5.1983 was set aside.

(2.) THE respondent Hira Nand, is stated to have taken the premises in dispute on rent, which was previously owned by Chitranjan Dass. The petitioner had purchased the same through sale deed dated 30th of August, 1977. The rate of rent was Rs. 20/- per month and according to the landlord, the tenant was in arrears of rent from 30th of August, 1977. The shop was also stated to be in a dilapidated condition and unfit and unsafe for human habitation. The petitioner indicated his intention to demolish the shop and reconstruct the same. He also indicated that he requires the same for his own personal use. The ground of sub-letting the shop to Ram Parkash respondent No. 2 was also taken along with an alternative plea that in case the sub-lease is not established, the respondents were responsible for having changed the user from framing of photo to binding of electric motors.

(3.) FROM the pleadings of the parties, the following issues were framed :-