MOORTI SHRI SITA RAM Vs. AMAR METAL WORKS

JUDGEMENT

(1.) Petitioner - landlord is aggrieved of judgment dtd. 2/6/2003 passed by the learned Rent Controller, Jagadhri whereby his petition under Sec. 13 of the Haryana Control of Rent and Eviction Act, 1973 (for short -'the Act') has been dismissed. The petitioner also challenges judgment dtd. 1/4/2004 passed by the learned Appellate Authority, Jagadhri whereby his appeal against decision dtd. 2/6/2003 has also been dismissed.

(2.) Brief facts necessary for adjudication of the case are that the petitioner - landlord filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short - 'the Act') seeking ejectment of the respondent from the rented property after removal of all kind of encroachments made thereon, as described in the petition. Grounds on which ejectment was sought were:

(3.) Learned trial Court on considering the evidence on record, facts and circumstances concluded that rent for the period from 20/12/1996 to 5/3/1998 stood paid, prior to the filing of the petition as per the compromise 'Mark A' which was effected between the parties. Rent for the period of 6/3/1998 to 5/2/1999 was tendered in Court, therefore, the ground of arrears of rent did not survive with the petitioner. It was further concluded that there was no evidence on record to prove that house tax in this case was ever imposed by the Municipal authorities in respect to the demised premises, which are admittedly referred to as a vacant plot as per the rent deed (Ex. A3). Furthermore, it was held that the petitioner failed to prove any subletting of the premises by respondent No. 1 to respondent No. 2. Accordingly, petition filed by the landlord was dismissed. Appeal preferred by the petitioner was also dismissed by the learned appellate Authority, Jagadhri vide impugned judgment dtd. 1/4/2004.