LACHHMAN DASS Vs. DES RAJ

JUDGEMENT

(1.) THIS revision petition was filed by Lachhman Dass tenant against the judgment of the learned Appellate Authority, Sangrur, dated 3.9.1979 under Section 15(3)of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'). An appeal filed by him, against the order dated 8.3.1973 passed by the learned Rent Controller, Dhuri Directing his ejectment from the shop in dispute was dismissed vide judgment under revision.

(2.) DURING the pendency of the revision petition Lachhman Dass died on 18.12.1979 and his legal representatives were brought on the record by order dated 5.1.1982 passed in C.M. No. 490-CII of 1982.

(3.) THE petitioner tendered the entire arrears of rent along with interest and costs on the first date of hearing. Therefore, the first ground became non existent. The learned Rent Controller further held that the petitioner had not committed any act which was likely to impair materially the value or utility of the premises. This ground was, therefore, negatived. However, on the basis of the evidence adduced by both the parties the learned Rent Controller found that the petitioner had sublet the shop in dispute to respondent No. 2 from 1.1.1965 to 31.5.1965. He therefore, ordered his ejectment from the shop in dispute. As already mentioned above, an appeal filed by the petitioner was dismissed by the learned Appellate Authority and the order of the Rent Controller was affirmed. This is how he approached this Court through the present revision petition.