KEHAR SINGH Vs. SETH BISHAN DASS AND ORS

JUDGEMENT

(1.) This revision petition under Section 15 of the East Punjab Urban Rent Restriction Act (hereinafter called the Act), is directed against the judgment and order of the Appellate Authority dated December 23, 1972, whereby the order of ejectment of the Rent Controller was confirmed.

(2.) Respondents Nos. I and 2 and their brother Badri Dass (since deceased and now represented by respondent No.3) are the owners of the plot in dispute situate at Mandi Road, Jullundur. This plot was leased out by them to respondent No. 4 for a period of three years under a registered least deed dated April 18, 1953, on a monthly rent of Rs. 20/-. The petition for ejectment giving rise to this revision was filed by respondents Nos. 1 to 3 on the grounds that respondent No. 4 had sub-let the sail plot without their concent to the petitioner; that the plot was required by them for their personal use and occupation, that the tenant had perverted the use of the premises; that the rent for the demises premises has not been paid since April 1, 1967, and that tenant and the sub-tenant had raised unauthorised construction on the said premises.

(3.) The petition was contested both by the present petitioner and respondent No. 4. Respondent No. 4 admitted the alleged lease and also the transfer of his rights under the lease in favour of the petitioner. He, however, dened the rest of the allegations. The petitioner in his written statement controverted all the allegations made in the petition and pleaded that he was a tenant directly under the landlords. On the pleadings of the parties, following issues were framed: