DINESH TRADING COMPANY Vs. MAHABIR PARSHAD

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned Appellate Authority, Sirsa ordering eviction of the petitioner on the ground of non-payment of rent and sub-letting.

(2.) MAHABIR Parshad landlord sought ejectment of Vishwanath alleged tenant on the ground that the shop in dispute was leased out to Vishwanath w.e.f. 1.6.1971 on annual rent of Rs. 2400/- on the basis of Rent Note for the period with effect from 1.6.1971 to 31.8.1971. Rent note was executed on 2.8.1971. It is the case of the respondent landlord that rate of rent was lateron increased to Rs. 4200/- per annum as per rent note dated 1.1.1976. The ejectment of Vishwanath was sought on the ground that he had sublet the premises in dispute in favour of M/s. Dinesh Trading Company who was arrayed as respondent No. 2, without the written consent of the landlord. It was also claimed that tenant was in arrears of rent.

(3.) THE respondent landlord preferred an appeal before the learned Appellate Authority. The learned Appellate Authority came to the conclusion that the tender of rent made by respondent No. 2 was insufficient and accordingly the appeal was accepted and order of learned Rent Controller was set aside and the ejectment of respondent No. 2 i.e. the petitioner was ordered from the premises in dispute.