KAMLA DEVI Vs. SAT PAL

JUDGEMENT

(1.) THIS petition under Section 15(5) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') is directed against judgment dated 13.12.1985 vide which Appellate Authority, Ambala City allowed the appeal filed by respondent No. 2 against the order of ejectment passed by Rent Controller, Ambala Cantt.

(2.) THE petitioner purchased shop No. 353 -C situated in R.A. Bazar, Ambala Cantt. from Shri Bawan Singh vide sale deed dated 3.11.1976. After 8 -1/2 months, she filed an application under Section 13 of the Act for ejectment of the respondents on the ground of non -payment of rent and water charges since 3.11.1976 and also on the ground that respondent No. 1 -Satpal had sub -let the shop to respondent No. 2 -Raj Kumar. She averred that respondent No. 1 was a tenant under Shri Bawan Singh and was paying Rs. 20/ - per month as rent apart from water tax and that after she had purchased the shop in question, he had become her tenant on the same terms and conditions. She further averred that respondent No. 1 had sublet the tenanted premises to respondent No. 2 without the written consent of the landlord. She relied on judgments dated 4.1.1973 and 5.1.1974 passed by Sub Judge, Ambala Cantt. and Additional District Judge, Ambala, respectively in the suit filed by Shri Bawan Singh and averred that the concurrent finding recorded by the two Courts that respondent No. 1 -Satpal was the tenant and respondent No. 2 -Raj Kumar was sub -tenant is binding on them.

(3.) THE petitioner filed replications to the replies of the respondents reiterating her plea that respondent No. 1 was the tenant and he had sub -let the shop without written consent of the landlord.