LAWS(P&H)-1985-9-58

ROSHAN LAL Vs. RAJ KUMAR

Decided On September 02, 1985
ROSHAN LAL Appellant
V/S
RAJ KUMAR Respondents

JUDGEMENT

(1.) THIS revision petition under Section 15 (6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called 'the Act'), filed by the landlord-petitioners is directed against the order dated 31.7.1976 passed by the learned Appellate Authority, Gurgaon, whereby an appeal by tenant respondent No. 1 and firm M/s. Nathu Ram Raj Kumar respondent No. 2 was accepted and the order of the learned Rent Controller dated 6.8.1974 ordering eviction of tenant respondent No. 1 was set aside.

(2.) THE landlord-petitioner No. 1 on the following application against tenant-respondent No. 1 on the following two grounds alleged :-

(3.) THE learned Rent Controller arrived at the conclusion that the door in question was already in existence, i. e. before tenant-respondent No. 1 was inducted as a tenant. He further held that the said door did not impair materially the value or utility of the building, i.e. the shop in dispute. However, on the ground of subletting, the learned Rent Controller concluded that tenant-respondent No. 1 himself was carrying on business under the name and style of M/s Arya Trading Corporation in the shop adjacent to the shop in dispute with a separate Sales Tax number and that the business in the disputed shop was being carried on by the father and brother of tenant, respondent No. 1 under the name and style of M/s Nathu Ram Raj Kumar. Therefore, tenant-respondent No. 1 was held liable for eviction on the ground of having transferred his right under the lease or for having sublet the shop in dispute to his father and brother. On appeal by tenant-respondent No. 1 the learned Appellate Authority while affirming the finding of the learned Rent Controller on the first point set aside the finding of the learned Rent Controller with regard to transfer of right by the tenant of subletting of the shop by him to his father and brother. Consequently, the learned Appellate Authority set aside the order of eviction passed by the learned Rent Controller and dismissed the ejectment application of the landlord petitioner.