RAM AVTAR Vs. SUSHMA KUMARI

JUDGEMENT

(1.) THE tenant Ram Avtar has filed this revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act (hereinafter referred to as 'the Act'), against the orders passed by the Rent Controller, Bhiwani and the Appellate Authority under the Act, whereby the ejectment of the petitioner from the shop in question has been ordered on the ground that he has sub-let the demised premises to respondent No. 2, namely Bishan Sarup, who is his real brother.

(2.) THE demised premises is a shop, which was let out to the petitioner by Smt. Sushma Kumari (respondent No. 1 herein) in the year 1984 on monthly rent of Rs. 450/-. In the year 1986, the ejectment petition was filed by the landlady on various grounds, including the ground that without her written consent the demised premises has been sub-letted by the petitioner to his real brother. It was alleged that the petitioner has handed over the exclusive possession of the demised premises to his brother and he himself has shifted to a new shop at Patram Gate, near Old Police Chowki Bhiwani.

(3.) THE Rent Controller, after taking into consideration the evidence led by the parties, held that the petitioner had parted with the possession of the demised premises exclusively to his brother Bishan Sarup, who is carrying his business in the demised shop. It was further held that the petitioner has failed to prove that his brother is not sub-tenant in the demised premises. Consequently, the order of ejectment was passed on the ground of sub-letting. The Appellate authority has affirmed the order of ejectment by dismissing the appeal filed by the petitioner. Hence, this revision petition was filed.