HANUMAN JI KA BARA MANDIR Vs. NAGAR MAL

JUDGEMENT

(1.) THIS Civil revision is directed against the order of the Appellate Authority dated 26.7.1988 whereby the appeal filed by the petitioner landlord against the order of the Rent Controller, Sirsa dated 1.12.1986 has been dismissed.

(2.) PETITIONER filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the 'Act') seeking eviction of the respondents Nagar Mal and Ram Kumar from the disputed shop. It was claimed that the petitioner being the owner of the shop had inducted Nagar Mal as a tenant therein at a monthly rent of Rs. 250/- vide Rent Deed dated 23.8.1979. It was further claimed that Nagar Mal, respondent No. 1 had not paid the arrears of rent of the demised shop with effect from 1.3.1983 and that he had also parted with its possession in favour of Ram Kumar, respondent No. 1 without its written consent. The ejectment of the respondents was, therefore, sought on the grounds of non-payment of arrears of rent and subletting.

(3.) THE application was, however, contested by Ram Kumar, respondent No. 2, who claimed that the shop in dispute was never let out by the petitioner to Nagar Mal. He further took the stand that he himself was in possession of the disputed shop for the last many years. He claimed to have raised the construction of the shop on an open space where he was earlier selling fire wood. He claimed himself to be the owner of the disputed premises. He also stated that a civil suit for declaring him the owner of the disputed property on account of adverse possession had been filed by him which was pending in that very Court. He also challenged the Rent Note allegedly executed by the landlord in favour of Nagar Mal by terming it as a fictitious and sham document.