SHAKUNTLA Vs. BHUSHAN PARKASH

JUDGEMENT

(1.) THE petitioners have challenged the judgment of the Appellate Authority, Ambala dated 25.2.1987 by which the Appellate Authority has set aside the judgment passed by the Rent Controller, Ambala City dated 26.11.1985.

(2.) THE respondents-landlord are the owners of the property in dispute having purchased the same by registered sale-deed dated 6.10.80 from Som Nath son of Ram Parsad. Petitioner No. 1 was a tenant under Som Nath at a monthly rent of Rs. 4/- of the first floor. The premises had been given on rent for the residence of petitioner No. 1. The respondents-landlord sought the eviction of the petitioners alleging that petitioner No. 1 has not paid the rent from 6.10.1981. It was also alleged that petitioner No. 1 had transferred her tenancy right without ther written consent of the petitioners and sublet the premises to petitioner No. 2. Petitioner No. 1 was stated to have left the demised premises and taken residence in the house of Smt. Bhati Devi. The respondents-landlord also claimed that the petitioners had changed the user of the demised premises from residential to non-residential. They were using the premises for the business of selling Desi Ghee in the said Chaubara. The petitioners controverted the claim of the respondents. Following three issues were framed by the Rent Controller on 15.4.1983 :-

(3.) I am of the considered opinion that the aforesaid findings of fact recorded by the Appellate Authority cannot be said to be improper. The findings have been recorded after due appreciation of evidence. This Court, while exercising revisional jurisdiction under Section 15(5) of the Haryana Act No. 11 of 1973 would be slow to interfere with the findings of fact recorded by the court below unless the same are shown to be arbitrary, perverse or based on no evidence. In view of the above, I find no merit in the present revision petition and the same is hereby dismissed. Petition dismissed.