RAM DAYAL Vs. RAGHUNATH PARSHAD

JUDGEMENT

(1.) THIS tenant's revision petition under Section 15(5) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the 'Act') challenges the judgment dated 16.9.1980 passed by Shri Krishan Kant Aggarwal, Appellate Authority, Gurgaon, vide which he had allowed rent appeal No. 67 of 1980 passed by Shri S.K. Kapoor, Rent Controller, Gurgaon, dismissing his application under Section 13 of the Act for ejectment of his tenant-Ram Dayal.

(2.) SHORT facts of this case are that Raghunath Parshad-landlord filed an application under Section 13 of the Act seeking ejectment of his tenant-Ram Dayal from the shop, fully described in para No. 1 of the petition, on the grounds :

(3.) FEELING aggrieved, the land-lord preferred an appeal. The learned Appellate Authority reversed the finding of the Rent Controller with regard to tender and held that there was no valid tender on account of its having been made by Ram Dayal on behalf of firm M/s Ram Dayal Ved Parkash and, therefore, the respondents were liable to be evicted on account of non-payment of rent. It was further held by him that the land-lord has failed to establish that the shop had been sublet by Ram Dayal to Ved Parkash; and that the demised shop was not unsafe and unfit for human habitation. As a result of his above finding, the Appellate Authority accepted the appeal, set aside the order the Rent Controller of Marc 28, 1980 and ordered the eviction of the tenant from the demised shop.