ATTAR SINGH SANGWAN Vs. BANARSHI DASS

JUDGEMENT

(1.) THIS revision petition by Dr. Attar Singh Sangwan (hereinafter referred to as the "sub-tenant") is directed against judgment and order dated 17.11.1990 passed by learned Rent Controller, Jhajjar, whereby he was ejected from the demised premises (hereinafter referred to as "the shop") as delineated by letters ABCD shown in the red colour of the site plan (Ex. A/1), under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (herein after referred to as the 'Act'), on the ground of sub- letting. Thereafter his appeal has also been dismissed vide impugned judgment and order dated 19.12.1991 passed by the Appellate Authority under the Act.

(2.) WITHOUT going into any further details, suffice it to say that respondent No. 1 Banarsi Dass (since deceased) now represented by his LRs, being landlord, had filed a petition under section 13 of the Act against Dr. Attar Singh Sangwan, sub-tenant and Maman Singh son of Late Munna Lal (hereinafter referred to as the tenant) mainly on the grounds of nonpayment of rent as well as sub-letting of the shop to Dr. Attar Singh Sangwan, sub-tenant. On the other hand, Maman Singh, tenant, in his written statement, admitted that earlier his father Munna Lal was the tenant of the shop from whom Dr. Attar Singh Sangwan, sub-tenant had taken on rent in the year 1968, whereas according to Dr. Attar Singh Sangwan, who has been held sub-tenant by the courts below had taken shop on rent from one Khushi Ram who is real brother of Banarsi Dass landlord. He also took the plea that Maman Singh respondent tenant is the nephew of said Khushi Ram and Banarsi Dass landlord, being their sister's son. In his reply, Dr. Attar Singh Sangwan also denied the title of Banarsi Dass qua the disputed shop.

(3.) AFTER recording the evidence and hearing the learned counsel for the parties, the learned Rent Controller discussed issues Nos. 1, 2 and 6 together and decided issue no. 1 in favour of the landlord whereas findings on issue Nos. 2 and 6 were returned against the tenant and sub-tenant. Findings on the remaining issues Nos. 3,4 and 5 were also returned against the tenant and sub-tenant. Ultimately it was held that, in fact, earlier Munna Lal father of Maman Singh tenant had taken the shop on rent from landlord and later-on, on 22.8.1968 vide rent note Ex. A2 Dr. Attar Singh Sangwan had further taken the said shop on rent from aforesaid Munna Lal tenant (father of Maman Singh respondent-tenant). Thus, sub-letting of the shop without the consent of landlord was proved and Dr. Attar Singh Sangwan was held to be sub-tenant. Accordingly, he was ordered to be ejected from the shop vide impugned order dated 17.11.1990 passed by learned Rent Controller. In appeal filed by sub- tenant, the findings on the crucial issues given by the Rent Controller were also upheld by the Appellate Authority. This is how, feeling aggrieved, sub- tenant has come up in this revision.