S.P. BEDI Vs. BALBIR KAUR

JUDGEMENT

(1.) THIS Civil Revision has been preferred by the tenant and the sub-tenants against the order of the Appellate Authority ordering their ejectment from the tenanted premises on the ground of sub-letting and change of user. Respondents No. 1 to 4 (landlords herein) sought ejectment of petitioner No. 1 (tenant herein) and petitioners No. 2 to 8 as well as respondents No. 5 and 6 (sub-tenants herein) inter alia on the ground that one half portion measuring 1976.74 sq.ft. on the ground floor of S.C.F. Nos. 101, 102 and 103, Sector 17, Chandigarh, was let out to the tenant in the year 1973 at the rate of Rs. 1,800/- per month and he has sub-let the same to as many as 9 persons impleaded as sub-tenants and also on the ground that tenanted premises were let out to the tenant who is a medical practitioner for running his clinic but now a major portion of the same is being used for the purpose other than for which the same were let out. Union of India through Chief Commissioner, Chandigarh was also impleaded as one of the parties to the ejectment petition in order to avoid any technical objection because the property was resumed by the Estate Officer, Union Territory, Chandigarh, on account of certain violations of provisions of Capital of Punjab (Development and Regulations) Act, 1952 and the rules made thereunder. The writ petition against the order of resumption filed by the landlord is pending decision in the High Court.

(2.) THE tenant as well as sub-tenants controverted the allegations made in the ejectment petition by filing a joint written statement. In the written statement, it was denied that the premises have been sub-let or the same are being used for any other purpose than the one for which the same were let out.

(3.) THE following additional issue was framed on 18.7.1985 :