RAM CHARAN Vs. BATAKU RAM

JUDGEMENT

(1.) This is a civil revision petition by the tenant. The Rent Controller dismissed the eviction petition filed by the landlord by his order dated May 18, 1978. The appellate authority, however, allowed the landlord's appeal and ordered eviction on October 25, 1979.

(2.) An application seeking eviction of the tenants was filed by Batkau Ram under Section 13 of the East Punjab Urban Restriction Act, 1949 (for short, the Act) on the grounds of non-payment of rent and subletting. The landlord claimed rent for 41 months amounting to Rs. 840/-. Mool Chand, respondent No. 1, in the eviction petition admitted the claim of the landlord but did not appear subsequently in evidence. Ram Charan, respondent No. 2, in that petition denied to be a sub-tenant and asserted that he was a direct tenant of the landlord. He also informed the court of the Rent Controller that he had paid rent to the landlord upto June, 1975. Batkau Ram had purchased the property under registered sale deed dated October 1, 1963, and had inducted respondent No. 1, Mool Chand, as tenant on July 1, 1965, on a monthly rent of Rs. 40/-.

(3.) Following issues were framed by the Rent Controller :-