AVINASH CHANDER Vs. HARKISHAN LAL

JUDGEMENT

(1.) THE facts giving rise to this revision petition are that Harkrishan Lal alias Kishan Chand, landlord, instituted a petition for ejectment before the Rent Controller, Ferozepur, on May 12, 1987, against Avinash Chander, tenant and one Suresh Kumar. The case of the landlord was that he was owner of commercial plot, 10 Marlas by admeasurement, situated within the municipal limits of Jalalabad. He had let out the same to Avinash Chander at the rate of Rs. 500/- per mensem. The tenant paid rent for six months initially and thereafter for another one month and had failed to pay the rent with effect from October 1983 till the date of institution of the petition. He further alleged that the tenant had sub-let the demised plot in favour of Suresh Kumar. Later on, the ground of sub letting was given up and the name of Suresh Kumar deleted from the array of respondents on December 21, 1987. Avinash Chander contested the petition and took a preliminary objection that the Rent Controller had no jurisdiction. It was denied that the said respondent had ever taken the plot in question on rent from Harkishan Lal. It was pleaded that the said plot was in possession of the alleged tenant's father Kishore Chand in pursuance of an agreement to sell with the original owner. A replication was filed on behalf of the landlord traversing the averments made in the written statement and reiterating those made earlier in the petition.

(2.) THE Rent Controller framed the following issues :-

(3.) MR . Gopi Chand, learned counsel for the petitioner, has raised these contentions :-