LAWS(P&H)-2004-4-16

HARBANS KAUR Vs. MATTA RAM

Decided On April 27, 2004
HARBANS KAUR Appellant
V/S
Matta Ram Respondents

JUDGEMENT

(1.) TENANTS are the petitioners before this Court. They are aggrieved against the order of ejectment dated March 4, 1992 passed by the learned Rent Controller and Order dated April 28, 1994 passed by the learned Appellate Authority, vide which the appeal filed by them was dismissed.

(2.) THE ejectment of the tenant-petitioners was sought by respondent-landlord, Matta Ram, on the grounds that the tenant was in arrears of rent with effect from January 1, 1989; that he had sublet the shop in question without the written consent of the landlord; that there was change of user of the shop; and that the tenant had ceased to occupy the shop in question for a period of more than four months prior to the filing of the petition. Originally, Om Parkash, was the tenant in the shop in question. He died on February 12, 1989. He was carrying on the business of radio mechanic in the shop prior to his death. In the statement petition, his widow and children were impleaded as the respondents. It was claimed by the landlord that the shop in question was being used for ready-made garments.

(3.) THE tenants took up the matter in appeal before the learned Appellate Authority. The learned Appellate Authority also upheld the findings recorded by the learned Rent Controller that the shop in question had remained closed for a period of more than four months. Accordingly, the appeal filed by the tenants was dismissed. The tenants have now approached this Court through the present petition.