DARSHAN LAL Vs. RAJINDER KUMAR

JUDGEMENT

(1.) TENANT -petitioner has filed this revision petition impugning the order of the Appellate Court directing his ejectment from the demises premises. The Rent Controller had dismissed the petition filed by the landlord seeking ejectment of the petitioner.

(2.) THE landlord had sought ejectment of the petitioner from House No. 4990, Mohalla Gopal Sahai, Ambala Cantt on the ground that he has ceased to occupy the same and it was unfit and unsafe for human habitation. The plea of sub- letting and regarding carrying out additions and alterations without the consent of the landlord leading to impairment of its value and utility were also made.

(3.) IT is seen that respondent No. 1 is the main contesting respondent and has filed written statement controverting the averments made by the appellant. Other respondents were proceeding against ex-parte as they did not appear despite service. It is pleaded by the contested respondent that she never left the house un-occupied and has not locked the same. The averment in regard to the kitchen roof having fallen and that she having shifted to Jalandhar and further that the walls have developed cracks also denied. Accordingly, it is denied that the house has become unfit and unsafe for human habitation. Allegation of sub-letting is also denied and so also the averment in regard to the addition and alteration as pointed out above. Having regard to respective stands of the parties, following issues were framed :-