MANGAT RAI Vs. D.D. MEHTA

JUDGEMENT

(1.) THIS is a tenant's revision petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlord D.D. Mehta filed ejectment application from the ground floor of house No. 1008, Section 19-C, Chandigarh against his tenant Shri R.K. Bansal, alleging inter alia that he has sublet the same to Mangat Rai respondent No.2. The ejectment application was filed on 8.6.1976." In the application it was also stated that the tenant R.K. Bansal has not paid the rent due with effect from 1.9.1972 at the rate of Rs. 350/- per mensem. The tenant, R.K. Bansal was proceeded ex parte and the petition was contested by Mangat Rai (the alleged sub-tenant) on the plea that he was a direct tenant under the landlord. According to him, he was a tenant in the ground floor of the house in dispute at the rate of Rs. 225/- p.m. from 1.4.1976. He has also pleaded that he has already paid rent to the landlord from 1.4.1976 to 30.11.1976. In the replication filed on behalf of the landlord to the said written statement, he reiterated that Shri R.K. Bansal was the tenant and he has sublet the same to Mangat Rai. He specifically denied that Mangat Rai was his tenant with effect from 1.4.1976 as claimed by him. As regards payment of rent by Mangat Rai it was stated that he never paid rent to him and he was never his tenant. He was a sub-tenant of R.K. Bansal. In these circumstances, the question of tendering any arrears of rent on the first date of hearing did not arise. Evidence was led on the issues framed by the Rent Controller and ultimately, evidence by the parties was closed on 4.4.1978. When the case came up 14.4.1978, the learned counsel for the petitioner made the following statement:

(3.) THUS , on the facts and circumstances of the present case, the revision petition succeeds. Eviction orders are set aside and the ejectment application is dismissed with costs.