TILAK RAJ ANAND Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS civil revision is directed against the order of the Appellate Authority, Gurgaon dated 8-9-1997 whereby the petitioner-tenant's appeal against the order of his eviction passed by the Rent Controller, Gurgaon dated 19-8-1994 has been dismissed.

(2.) VIDE Rent Note dated 2-6-1976 respondent-landlord Surinder Kumar had left out one room shop to Krishan Kumar on a monthly rent of Rs. 250/- with effect from 1-6-1976. The rent was subsequently enhanced to Rs. 300/-. The landlord filed ejectment petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 on 18-3-1988 seeking eviction of the tenant on the grounds of (i) non-payment of rent since 1-4-1987, (ii) subletting of demised premises to Tilak Raj, (the present petitioner) in whose favour he had parted with its exclusive possession and (iii) personal necessity.

(3.) BEFORE the Rent Controller, the landlord gave up the ground of personal necessity and passed his petition on other two grounds. The Rent Controller held that the landlord has succeeded in proving subletting by Krishan Kumar in favour of Tilak Raj. Further non-payment of rent, as alleged, was also held to have been proved. Thus the ejectment petition was allowed and the tenant was ordered to be evicted on the aforesaid two grounds.