KAILASH CHAND Vs. CHAMAN LAL AND ANR.

JUDGEMENT

(1.) This Civil Revision has been filed against the order of the Appellate Authority, Jullundur dated 19th of November, 1975 whereby the order of the Rent Controller dismissing the ejectment Application was affirmed.

(2.) Kailash Chand Landlord-petitioner filed the ejectment application on 13.11.1973 against Chaman Lal respondent No. 1 (now deceased) alleging that he was a tenant under him at Rs. 15/- P.M. and he had sub let the premises in dispute to his son Sham Lal respondent No. 2 without his written consent. It was further alleged that Chaman Lal tenant had not paid rent since 1st January, 1962 and that the purpose for which the property was let out has been changed and the premises were being used in a different manner. It was also pleaded that the tenants had materially impaired the value and utility of the premises. No reply was filed on behalf of Chaman Lal. His son Sham Lal respondent No. claimed that he was a tenant under the petitioner at Rs. 15/- per month w.e.f. August, 1964 and had been regularly paying rent upto 1st September, 1971. He tendered rent from 1st September, 1971 alongwith interest and costs. Other grounds were controverted. For these pleadings the Rent Controller framed the following issues :-

(3.) On appeal the Appellate Authority affirmed those findings of the Rent Controller and thus maintained the order rejecting the ejectment application. Dissatisfied with the same the landlord has come up in revision in this Court.