MOHINDER PAL Vs. KRISHNA WATI & OTHERS

JUDGEMENT

(1.) This revision petition is preferred by the tenant against whom an order of ejectment has been passed by the courts below on more than one grounds, including sub-letting.

(2.) As per the respondent-landlord's case, their predecessor-in-interest Des Raj let out the disputed premises to Harbans Lal (since dead), who was impleaded as respondent No. 1. The premises was rented out for the purpose of lakri tall (fire-wood depot) on a monthly rent of Rs. 20/- w.e.f 1.1.1961. After the death of the original landlord, namely, Des Raj, on 17.4.1974 and in terms of a family settlement dated 22.9.1988, the demised premises fell to the share of respondents in equal shares. The ejectment of Harbans Lal as well as the petitioner (impleaded as respondent No. 2) was sought on the ground that no rent was paid w.e.f. 1.4.1985; the original tenant has transferred his rights under the lease and sub-let the entire premises to respondent No. 2 (petitioner herein) who is in actual possession thereof; the user of the premises has been changed in such a manner that it has materially impaired its value and utility; the petitioner herein had built a pucca shed to which he had no right; the premises was required by respondent No. 1 for his own use as he was not occupying any such like premises in the urban area concerned; respondent No. 1 intended to set up a handloom factory for his own use.

(3.) Upon issuance of notice to Harbans Lal (since dead), he appeared and tendered the rent on 21.10 1989. Soon thereafter, he is stated to have died on 3.11.1989. His legal representatives were duly served but they did not appear and were proceeded against exparte. The petitioner, i.e., respondent No. 2 in the ejectment petition, however, resisted the claim of the respondent-landlords.