NAURATI DEVI Vs. HANS RAJ

JUDGEMENT

(1.) THE present revision petition has been filed by Smt. Naurati Devi and others, hereafter described as petitioners, directed against the order of the learned Rent Controller, Ludhiana, and that of the Appellate Authority, Ludhiana, dated 28. 7. 1982 and 12. 11. 1984 respectively. Learned Rent Controller, Ludhiana had passed the order of eviction against the petitioners and their appeal had been dismissed by the Appellate Authority, Ludhiana.

(2.) RELEVANT facts are that respondent-landlords filed a petition for eviction alleging that Gujjar Mal, predecessor-in-interest of the petitioners, was a tenant in the suit premises, rent note was executed. Gujjar Mal died on 24. 1. 1976. Petitioners who are heirs of Gujjar Mal became tenants by operation of law. The tenants were alleged to have not paid the arrears of rent as well as house tax. It was claimed that they had sublet the property to third person (respondents No. 7 to 11 in the eviction application) and using the said property as a godown for stocking of soda ash bags. The property is being used for the purpose other than it was let. Needless to state that the ground of eviction on account of non-payment of rent after rent was tendered did not survive.

(3.) LEARNED Rent Controller had framed the issues and it was concluded that the property had been sublet to respondents No. 7 to 12 (in the eviction application ). It was based on the fact that the petitioners had failed to establish that they were in possession and running their business. It was further held that the property in question was let as a shop. It is being used as a godown and even on the ground of change of user, order of eviction was passed.