BABU RAM DEAD Vs. MULKHA SINGH

JUDGEMENT

(1.) THIS revision petition is. directed against the order of the Appellate Authority, Karnal dated 16th February, 1985 whereby order of eviction dated 10th of August, 1984 passed by the Rent Controller, Karnal, against the present petitioners was affirmed.

(2.) IN brief facts relevant for the disposal of this petition are that Mulkha Singh (hereinafter referred to as the landlord) filed application; under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for eviction of Babu Rarn tenant (predecessor-in-interest of Maya Devi, Dr. Radha Sham, Bhole Shanker,, Lachhman Deenu and Raju sons) and Data Ram an alleged sub-tenant. It was pleaded that the premises in dispute were let out to Babu Ram on payment of monthly rent of Rs. 125/ -. Eviction of the tenant was sought firstly on the ground of non-payment of rent for the period 1-5-1971 to 31-12-1971 amounting to Rs. 1,000/ ; secondly on the ground that Babu Ram had sublet the demised premises to Data Ram.

(3.) ARREARS of rent were tendered by Data Ram on the first date of hearing. The landlord accepted the amount tendered for use and; occupation of the shop and not as a rent and further stated that his tenant was Babu Ram and he had sublet the premises to Data Ram and that tender by Data Ram was invalid. Babu Ram appeared on subsequent date and both he and Data Ram filed joint written statement. However, no rent was tendered by Babu Ram on that date.