LAWS(P&H)-2005-10-23

ASHOK KUMAR Vs. BALRAJ KAUSHAL

Decided On October 04, 2005
ASHOK KUMAR Appellant
V/S
Balraj Kaushal Respondents

JUDGEMENT

(1.) THIS revision petition filed by the unsucessful tenant challenges order of ejectment passed by the Rent Controller on 27-11-2001 which has been affirmed on appeal by the Appellate Authority vide judgment dated 11.12.2002 whereby the tenant has been ordered to be evicted on the ground of sub-letting.

(2.) THE facts leading to the filing of this revision petition are that Piara Singh son of Gurbachan Singh, resident of Adarsh Nagar, Hoshiarpur was the owner of the demised shop. The tenant-petitioner took the disputed shop on a monthly rent of Rs. 60/- and executed a rent note dated 4.3.1986 in favour of the landlord Piara Singh. The demised shop was sold to respondent No. 1 - Balraj Kaushal on 11.11.1999 for a sale consideration of Rs. 1,65,000/- vide registered sale deed and the original rent note was also given to the landlord-respondent No. 1. The landlord-respondent No. 1 filed ejectment petition against the tenant-petitioners on account of non-payment of rent and that the shop in dispute had been sublet to respondents Nos. 2 and 3 therein who were doing their business at the shop.

(3.) IN view of findings on issues Nos. 2 to 6, the ejectment petition was allowed and the tenant-respondents were directed to be evicted on the ground of sub-letting. The appeal filed by them before the Appellate Authority having been failed, they have approached this Court by way of present revision petition.