SATYA PRAKASH MEHTA Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS is landlord's revision petition challenging the order passed by the appellate Authority whereby the appeal of the tenant was accepted and the ejectment petition was dismissed.

(2.) THE petitioner has sought the ejectment of the tenant, inter alia, on the ground that respondent No. 1 has sub-let the premises in favour of respondent Nos. 2 and 3 and has changed the user i.e. from residence to commercial i.e. book binding. Learned Rent Controller accepted the ejectment petition. It found that the tenant had sub-let the premises to respondent Nos. 2 and 3 (and) changed the user of the premises. However, the Appellate Authority reversed the finding on both the account and, thus, the petitioner has approached this Court to challenge the findings recorded by the appellate Authority.

(3.) RESPONDENT Nos. 2 and 3 initially put in appearance but subsequently, were proceeded against exparte when none appeared on their behalf. However, respondent No. 1 contested the petition and denied that the premises in disputes were rented out for residential purposes. He stated that he took the premises for business purposes and was running his business there since its inception. Allegations of subletting the premises in favour of Surinder Kumar as well as respondent Nos. 2 and 3 were denied.