JOGINDER LAL MUNJAL Vs. RAM SARUP GUPTA

JUDGEMENT

(1.) THIS tenant has directed this revision petition under the provisions of Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, hereinafter called the Act), against the order of the Appellate Authority, Karnal, affirming the order of the Rent Controller ordering the ejectment of the tenant from shop, in dispute on the ground of subletting.

(2.) IN brief the facts are that Ram Sarup Gupta is the owner of shop No. 4, located outside Cotton Factory, Novelty Road, Karnal. He allegedly rented out the said shop to Joginder Lal Munjal at the monthly rent of Rs. 250/- besides house-tax etc. The ejectment of the tenant was sought on the ground of non-payment of rent since 1st July, 1976, besides on the ground of sub-letting of the premises to respondent No. 2 - Munjal Brothers. This application was resisted by Joginder Lal tenant contending that he was not the tenant of the shop in dispute and never occupied the same. On the other hand, it was contended that respondent No. 2 is a partnership business concern and is being carried out in the name of Munjal Brothers. It is further maintained that Jagdish Lal brother of Joginder Lal and Smt. Lakshmi Bai mother of the latter are partners of this concern and are occupying the shop as tenants at the monthly rent of Rs. 150/-. Smt Lakshmi Bai tendered the arrears of rent at the rate of Rs. 150/- per month etc., which were accepted by the landlord under protest. In the replication the landlord again reiterated his own stand regarding the rate of rent and subletting.

(3.) I have heard the learned counsel for the parties besides perusing the record. The basic controversy in this case is whether the shop was rented out to Joginder Lal tenant or it was taken on rent by his father Dayal Dass on behalf of the firm M/s Munjal Brothers. Unfortunately, no rent note was executed by the landlord or the tenant at the inception of the tenancy which came into existence with effect from 13th December, 1970. Thus, the landlord relied upon the entries in the Rokar Bahi, extract whereof is Exhibit P.1, besides examining himself and his Munims Sat Parkash P.W.2 and Kuldip P.W.3, Sham Dass P.W.4 photographer also deposed of being present at the time of creation of tenancy in favour of Joginder Lal, respondent No. 1. The landlord also tendered certified copy, Exhibit P.3 of the relevant entry in the house-tax register of the Municipal Committee, Karnal. On the other hand, Joginder Lal appeared as his own witness, besides examining his brother Jagdish Lal, R.W.9 and seven other witnesses.