KISHAN CHAND Vs. SURAJ BHAN

JUDGEMENT

(1.) THIS revision under Section 15(6) of the Haryana Urban Control of Rent & Eviction Act, 1973, is directed against order dated 8.9.1983 of the Appellate Authority vide which it had dismissed appeal against the verdict of Rent Controller ordering ejectment of petitioners and respondent No. 8 from the demised shop, on the ground of the same having been sub-let by respondent No. 8 to the petitioners, without the written consent of the landlords viz. respondents No. 1 to 7.

(2.) THE case of respondents No. 1 to 7, who were petitioners before the Rent Controller, is that respondent No. 8, Parmanand, took the shop on rent from them through respondent No. 1, Suraj Bhan, for one year, on Chet Sudi 4 Samat 2011. He had agreed to vacate it, on the expiry of the tenancy period. However, he did not vacate it on the expiry of tenancy period i.e. on Chet Sudi 3 Samat 2012, and went on holding it over. His status, therefore, became as that of a statutory tenant. From Chet Sudi 4 Samat 2031 onwards, he stopped paying rent also. Thereafter, he sub-let the shop to petitioner No. 1, Kishan Chand, and shifted his own business to Goshala Mandi. Petitioner No. 1 started his business in this shop under the name and style of M/s. Pokhar Mal Kishan Chand viz. petitioner No. 2. He also started using upper portion of the shop for his residence, a purpose other than that for which it was let out.

(3.) THE Rent Controller allowed the ejectment petition, holding that the shop was taken on rent by respondent No. 8, in his individual capacity, and not by the Joint Hindu Family firm through him as karta, and further, that he (respondent No. 8) had sub-let it to the petitioners, without the written consent of respondents No. 1 to 7 (landlords) in respect of sub-letting, upheld the ejectment order, and dismissed the appeal.