DURGA DEVI Vs. CHANDER SAIN

JUDGEMENT

(1.) DURGA Devi-landlady has filed the present revision petition against the order passed by the learned Additional District Judge, Ferozepour, while exercising the powers of the Appellate Authority under the provisions of East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'), vide which the order of ejectment passed by the learned Rent Controller against the respondents-tenants as well as sub- tenants, was set aside.

(2.) THE brief facts of the case are that the petitioner filed a petitioner under Section 13 of the Act for ejectment of the respondents from the shop in question which is part of property No. 1443 situated in Baha Bazar, Jalalabad on the grounds of non-payment of rent, sub-letting and that the premises having become unfit and unsafe for human habitation. The arrears of rent with interests and costs were tendered on the first date of hearing, therefore, the petitioner-landlady contested the case only on the grounds that respondent No. 1 has subletted the portion of the demised premises to respondent No. 2 and that the demised premises have become unfit and unsafe for human habitation.

(3.) AGGRIEVED against the said order of ejectment, the respondent-tenant Chander Sain filed an appeal before the Appellate Authority. Vide order dated 5.2.1986, the learned Additional District Judge, Ferozepur, while exercising the power of the Appellate Authority, allowed the appeal filed by the tenant and set aside the order of the learned Rent Controller on both the issues and it was held that neither the premises in question was subletted by the tenant nor the same has become unfit and unsafe for human habitation.