RAM DHAN SHARMA Vs. BISHAN SARUP MITTAL

JUDGEMENT

(1.) THIS is a tenant's revision petition against the concurrent findings recorded by the Rent Controller as well as by the appellate authority allowing the ejectment application filed under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973. The brief facts of the case are given hereunder: The petitioner, Ram Dhan Sharma, was in occupation as a tenant of a demised shop from a period prior to 1947. The said shop was purchased by Sh. Bishan Sarup Mittal, respondent No. l, about four years earlier to the filing of the ejectment application in he year 1975. This application was filed pleading that the petitioner had sublet the premises in dispute to one Narain Datt Sharma after partitioning the shop into two portions; thereby also materially impairing its value and utility and also that the petitioner had changed the user of the premises by starting a business for liquor along with the sub-tenant Narain Datt Sharma. Certain other grounds for ejectment were raised but as they do not survive, no reference need be made to them.

(2.) IN the written statement filed on behalf of the tenant petitioner in addition to certain formal objections taken against the maintainability of the ejectment application, the averments made on the question of sub-letting, change of user and material impairment of the premises were denied. The issues which arose for determination were accordingly framed by the Rent Controller who ordered the ejectment of the tenant on the grounds mentioned in para No. 3 (a) (c) and (d) of the ejectment application. The matter was taken in appeal and the findings of the Rent Controller were affirmed and the appeal dismissed.

(3.) MR. M. L. Sarin, Sr. Advocate and Mr. Hemant Sarin, learned counsel for the petitioner-tenant, have argued that the findings of the Counts below on the question of subletting, material impairment of the demised premises by the construction of a partition wall and the change of user from Panwari business to liquor vend are the only issues which are now required to be agitated here.