JAI LAL JANGRA Vs. VISHAV KARMA MANDIR DHARAMSHALA

JUDGEMENT

(1.) THIS is tenant's petition filed under Section 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973. Both the Courts below have recorded concurrent findings that tenant-respondent 2 Surender Kumar has sublet the demised premises to the sub-tenant-petitioner who has also been found to be in its exclusive possession. It has further been found by both the Courts below that tenant-respondent 2 has failed to pay the rent to landlord- respondent 1.

(2.) BRIEF facts of the case necessary for deciding the controversy raised in this petition are that the landlord-respondent 1 instituted ejectment petition No. 10/2 of 2001 on 1.3.1997 against tenant-respondent 2 as well as sub-tenant-petitioner, inter alia, alleging that the tenant-respondent 2 has failed to pay the rent from March, 1996 to January, 1997 at the rate of Rs. 250/- p.m. It was further pleaded that tenant-respondent 2 has sublet the demised premises to sub-tenant-petitioner without consent or permission of the landlord-respondent 1. The sub-tenant-petitioner took the stand that in fact he is the tenant in the demised premises under the landlord-respondent 1. It was further asserted that tenant-respondent 2 has no concerned whatsoever with the premises in dispute and, therefore, question of subletting did not arise. The arrears of rent were sought to be tendered in the Courts by the sub-tenant-petitioner at the rate of Rs. 200/- p.m. but the tender was not accepted by the landlord-respondent 1 on the ground that there was no relationship of tenant and landlord between the parties.

(3.) THE Appellate Authority affirmed the findings recorded by the learned Rent Controller. Rejecting the rent note Ex. R1, the learned Appellate Authority observed as under :-