ASHWANI KUMAR Vs. SASHI BALA

JUDGEMENT

(1.) THIS is tenants' petition filed under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for brevity, 'the Act') challenging judgment dated 25.11.2004 passed by the Appellate Authority, Karnal reversing the view of the Rent Controller, Karnal expressed in his judgment dated 18.5.2000. The ejectment of the tenant-petitioners has been ordered by the Appellate Authority on two grounds of subletting and of personal necessity.

(2.) WITH regard to the ground of subletting, the findings given by the learned Rent Controller have been reversed by the Appellate Authority by believing three reports of the Process Servers i.e. Exs. P-2, P-4 and P-8 which were produced by the landlord-respondents. The Rent Controller had discarded those reports on the following grounds :-

(3.) THE aforementioned inference has further been supported by the cross- examination of tenant-petitioner Ashwani Kumar when he failed to disclose the details of goods which he was selling at the demised shop. No bill book showing the sale of the goods was produced by him and he was unable to show from where he was purchasing the goods which he was to sell at the demised shop. He was not aware about the name of Municipal Councillor of his ward at Karnal nor he could place on record even a copy of his ration card. On the aforementioned basis, the Appellate Authority concluded that the tenant- petitioner has parted with the possession of the demised shop. A finding has been recorded with regard to parting of possession.