LALIT KUMAR Vs. NARINDER KUMAR AND ORS.

JUDGEMENT

(1.) THIS revision petition has been filed under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short to be referred as 'the Act') to challenge the orders passed by the Courts below whereby application of petitioner -landlord seeking eviction of the respondents was dismissed.

(2.) THE eviction petition was filed before the Rent Controller, Hisar on 09.06.1990 seeking eviction of the respondents on the grounds, inter alia, that (i) tenant -respondent No. 1 is in arrears of rent w.e.f. 01.05.1990, (ii) respondent No. 1 has shifted to Hyderabad and has sublet the demised premises to respondent No. 2 without the written consent of the landlord and (iii) the respondents removed western wall of the demised shop and thus have materially impaired the value and utility of the demised premises. Learned counsel for the petitioner submitted that the only ground of eviction that survives in the instant petition is subletting of the demised premises to respondent No. 2.

(3.) LEARNED counsel for the petitioner vehemently contended that the petitioner mainly relies upon the following circumstances in support of the ground of eviction: -