JITA RAM Vs. SHAM LAL

JUDGEMENT

(1.) THIS is tenants revision petition against the order of the lower appellate Authority whereby the appeal filed against the order of the Rent Controller ordering eviction of the petitioners has been upheld ordering.

(2.) BRIEFLY put, the landlord filed an eviction application on the ground of (i) non-payment of arrears of rent; (ii) respondents No 1 and 2 having sublet the shop in dispute in favour of respondent No 3 ; (iii) that the respondents demolished the walls of the shop as well as the roof; and (iv) that the shop in dispute has become unsafe and unfit for human habitation.

(3.) RESPONDENTS No. 1 and 2 put in appearance, filed written statement and controverted the various averments made in the application. It was specifically pleaded that the rented premises consists of two shops and not one. According to the respondents, the rate of rent of one shop was Rs. 45/- per. month whereas of the other shop it was Rs 30/- per month. The respondents further denied thay have sub let the shop to respondent No. 3 Yash Pal The respondents, however, admitted that wooden planks of the shop which were towards the post office were eaten by white ants and condition of the roof was known to the landlord the for last two years The respondents, however, admitted that suit for permanent 'injunction ffled by the landlord, against the respondents was decided in favour of the landlord vide judgment and decree dated 6. 6. 1986 It was also admitted that the roof of the back portion of the shop had fallen during the rainy season.