UJAGAR SINGH Vs. ASHA RANI

JUDGEMENT

(1.) Challenge in this revision petition is to the order dated 20.4.2012 passed by Shri R.C. Godara, Appellate Authority, Yamuna Nagar at Jagadhri vide which the appeal preferred by the tenants-respondents against the order dated 12.12.2009 passed by Shri Vijay Singh, Rent Controller, Yamuna Nagar at Jagadhri was dismissed. The petitioner now respondent has directed eviction petition under Section 13 the Haryana Urban (Control of Rent & Eviction) Act, 1973 against the tenants-respondents for ejectment from the shop No. 2 bounded as under :-

(2.) It has been averred that the petitioner has rented out the shop in question to respondent No. 1 in the year 1967 at a monthly rent of Rs. 65/- excluding house tax, water and electricity charges. The rent was increased with the mutual consent of the parties at Rs. 200/- per month plus house tax and water as well as electricity charges. The petitioner has sought the ejectment of the respondents from the shop in question on the grounds that respondents have not paid rent from May, 1999 to November 1999 amounting to Rs. 1400/-. The respondent-tenant has sublet the shop in question to respondent No. 2, who is running the agency of Apollo Tyres in the name of style of M/s R.S. Tyres without the consent of the petitioner. Hence the petition.

(3.) Notice of the petition was given to the respondents who appeared and contested the petition by filing joint written statement admitted the relationship between the parties. They have also denied that they are paying house tax in addition to the rent whereas they tendered the due rent along with house tax. It has been further alleged that respondent No. 1 is in actual possession of the shop in partnership. Respondent No. 1 has also denied that the shop in question was sublet to respondent No. 2. They are running the business since long as they are from one family which the petitioner had never objected.