ANIL KUMAR Vs. GHANSHYAM DASS

JUDGEMENT

(1.) The landlord is in revision against the order of the learned Appellate Authority, by which order of learned Rent Controller dated 12.4.2010 has been set aside and the case has been remanded for fresh disposal in terms of the law laid down by the Supreme Court in the case of Rakesh Wadhawan & others v. Jagdamba Industrial Corporation & others, 2002 1 RCR(Rent) 514.

(2.) In brief , facts of the case are that the petitioner/landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short, 'the Act') in respect of the demised premises (shop) which was let out to the respondent on a monthly rent of Rs. 6000/-, on the ground of non-payment of arrears of rent w.e.f. 01.09.2006 and that the respondent is planning to sublet the demised premises to some other person without his consent.

(3.) In reply, the tenant admitted the tenancy but disputed the rate of rent. According to him, the rate of rent was Rs. 3000/- per month which is alleged to have been paid up-to-date but the landlord has not issued rent receipts. It was denied that he is trying to sublet the demised premises to some other person, as alleged.