ISHWAR DASS Vs. ASHOK KUMAR

JUDGEMENT

(1.) Petitioner-tenant is impugning the judgment dtd. 7/1/2020 passed by the learned Appellate Authority, Rewari vide which an appeal preferred by him against the judgment dtd. 1/3/2017 of the Rent Controller, Rewari was dismissed. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) Brief facts as pleaded in the rent petition filed by respondents-landlords may be noticed as thus: landlords purchased the shop bearing house tax No.2073, now bearing house tax No.2073/1-2073-A, situated at Nai Basti, Rewari (hereinafter referred to as 'demised shop') vide registered sale deeds bearing vasika Nos.1237, 1238 and 1239 dtd. 29/5/2008 respectively. The tenants were duly informed about the purchase of the demised shop by the landlords. At the time, when the demised shop was purchased by the landlords, the tenant was paying rent @ Rs.600.00 per month. The landlords pleaded that on account of the purchase of the demised shop the tenants had become statutory tenants. It was alleged by the landlords that the tenant had sublet the demised shop to one Sandeep s/o Late Sh. Miter Sain Jain (respondent No.2 in the rent petition), who was thus, in possession of the demised shop. It was further submitted that the tenant had been carrying out his business from some other shop in the Punjabi Market, Rewari under the name and style of 'Hema General Store' and had no control or possession of the demised shop. It was also submitted that the tenant had been taking rent from said Sandeep (sub tenant) at the rate of Rs.5,000.00 per month under a secret arrangement.

(3.) The tenant in his written statement denied the case of the landlords in toto including the factum of subletting the demised shop to Sandeep Kumar.