PIRTHI RAJ Vs. SARDARA

JUDGEMENT

(1.) THIS is a landlord's revision petition against the decision of the Appellate Authority reversing on appeal the order of the Rent Controller evicting the respondent from the premises in question.

(2.) PIRTHI Raj landlord filed an application against Sardara, tenant, under section 13 of the East Punjab Urban Rent Restriction Act, 1949, for the latter's eviction from a godown and a Kotha in property No. MCK 342/10, situate in Kaithal, District Karnal. The ejectment was claimed on three grounds viz. (1) non -payment of rent; (2) the tenant had, without the consent of the landlord, transferred his rights under the lease and sublet a portion of the property to Begu and (3) that the tenant had without the written consent of the landlord constructed a Kacha Kotha on the vacant land belonging to the latter, which had not been even on rent to the former. The tenant parked his cart and tied his is oxen and buffaloes on the vacant land not included in the lease. He put dung cakes on the walls of the landlord's property and his action and Conduct was such, which amounted to nuisance to other neighbours.

(3.) SINCE the tenant paid the arrears of rent on the first date of hearing and the same were accepted by the landlord, this ground of ejectment no longer remained available to the latter. As regards the second ground, the Rent controller came to the conclusion that the tenant was liable to ejectment, as he had transferred a portion of the tenanted premises to Begu without the permission of the landlord Regarding the third ground, the finding was that the tenant was liable to ejectment, as he was using a portion of the non -rented premises, which amounted to nuisance. As a result of these findings, the ejectment application was granted.