ANAND Vs. DARSHNA DEVI

JUDGEMENT

(1.) THE tenant, Anand Kumar is the petitioner before this Court. His ejectment had been ordered by the learned Rent Controller. The order of ejectment was upheld by the learned appellate authority also.

(2.) LANDLADY Darshana Devi filed an application for the ejectment in respect of the shop in question. It was claimed by the landlady that the shop in dispute was mortgaged by Banwari Lal. After that the landlady Darshana Devi had let out the shop to Anand Kumar, who is the adopted son of Gopi Ram on monthly rent of Rs. 230/-. Gopi Ram had died. It was pleaded by the landlady that respondent No. 1, Anand Kumar being the adopted son of Gopi Ram, there existed a relationship of landlord and tenant between the parties. The ejectment of the tenant was sought on three grounds. Firstly, it was claimed that the tenant remained in arrears of rent for a period of 20 months; secondly, it was alleged that the tenant had transferred the possession of demised premises in favour of respondent Nos. 2 and 3 i.e. Vinod Kumar and Subhash Chand without the consent of the landlady; thirdly, it was claimed that the tenants had committed such acts that had materially impaired the value and utility of the property in dispute.

(3.) ON the first date of hearing, the aforesaid arrears of rent along with the interest and costs, as assessed by the Rent Controller, were tendered by Subhash Chander, respondent No. 3 on behalf of the tenant, Anand Kumar as his guardian. It may also be relevant to notice that the aforesaid Subhash Chander is the real maternal uncle of Anand Kumar.