SMT. SHANTI DEVI Vs. PURAN CHAND AND OTHERS

JUDGEMENT

(1.) THE petitioner is the landlady and this revision petition arose out of the proceedings wherein she claimed eviction or respondents from the property (hereinafter called the premises) described in the eviction application, made under section 13 of the East Punjab Rent Restriction Act, then applicable to the State of Haryana (hereinafter referred to as the Act), in the circumstances briefly stated as under :

(2.) HER case was that she had let out the premises to the Rice Syndicate, hereinafter called the Syndicate, through Ram Singh, respondent No. 3, on monthly rental of Rs 31/ - plus house -tax, and he (Ram Singh) as well as respondent Nos. 1, 2 and 4 to 13 were partners in business run by the Syndicate. Some time later, the Syndicate was dissolved and respondents 1 to 13 who were its partners transferred business of the premises to Messers Rati Ram Kishan Sarup. Rati Ram respondent No. 8 and Kishan Sarup respondent No. 9 were partners of the said firm and this constituted sub letting, (b) non payment of rent and house -tax for period for August 1, 1967 to October 31, 1969, (c) causing damage to a wall; and (d) impairing materially the utility of premises. The respondents contested the claim of the petitioner. They controverted the material allegations made by her and pleaded that the premises had been taken on rent by Ram Singh, Rati Ram and Kishan Sarup respondents, and not by the Syndicate and that they were not liable to pay the house -tax. Ram Singh and others had tendered and deposited the amount of rent due, interest and costs assessed by the court on the first date of hearing. Hence, the case was tried on the following issues - -

(3.) CONSEQUENTLY , I maintaining the judgment of the Appellate Authority, dismiss this revision petition with costs.