SUNDER LAL Vs. SITA DEVI

JUDGEMENT

(1.) THE revision petition has been filed on behalf of the landlord, which arises from the following facts: Landlord let out a shop to the respondent-tenant (hereinafter referred to as the tenant) on a monthly rent of Rs. 175/. The ejectment was sought on the following grounds :

(2.) PETITION was contested by the tenant and the alleged sub tenant. Preliminary objections as to the petition being false and frivolous and misjoinder of necessary parties have been taken alleging that M/s Nagpal Cycle Works - in which respondents are partners to be contractual tenant. Grounds of ejectment have been controverted. It has been pleaded: (i) That the rent was tendered with house tax, interest and costs in the Court on 6. 10. 1986 but the landlord refused to accept the tender and, therefore, this ground of ejectment is not available. Rate of rent has been admitted but liability to pay house tax has been disputed: (ii) It was alleged that respondent No. 2 Loku Ram was a partner of the firm M/s Nagpal Cycle Works and not a sub tenant: and (iii) allegation as to conversion of shop into godown and diminishing the value and utility of the shop has been denied.

(3.) ON the basis of pleadings of the parties, the following issues were framed: