RAM KISHAN Vs. MOTI RAM

JUDGEMENT

(1.) THIS judgment shall dispose of two connected civil revisions viz. C.R. Nos. 5861 and 5862 of 1999, involving common questions of law and fact. The facts, as noticed below, have been taken from C.R. 5861 of 1999.

(2.) RAM Kishan (sub-tenant) has filed this revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') for setting aside order dated 4.10.1999, passed by the Appellate Authority, Gurgaon, whereby after reversing the order of the Rent Controller, the petitioner has been ordered to be ejected from the demised premises on the ground of sub-letting.

(3.) THE Rent Controller dismissed the ejectment application while holding that the respondent-landlord had failed to prove the alleged sub-tenancy. The said conclusion was arrived at on the ground that for 10 years, the landlord did not file the ejectment application inspite of having the knowledge of sub- tenancy. The second ground of non-payment of rent was held to be not survived as the claimed rent was tendered.