ATMA RAM Vs. BANARSI LAL

JUDGEMENT

(1.) The present revision petition has been filed by Atma Ram, hereinafter described as "the petitioner" directed against the order of the learned Rent Controller, Panipat, dated 15.5.1981 and of the learned Appellate Authority, Karnal, dated 17.9.1981. The learned Rent Controller had dismissed the petition for eviction. The said order was upheld by the learned Appellate Authority.

(2.) The relevant facts are that an eviction petition was filed by the petitioner against the respondents asserting that the arrears of rent have not been paid from 1.4.1976 to 31.5.1977 and further that respondent No. 1 had sublet the property in question to respondent No. 2 without the consent in writing. Respondent No. 1 submitted his written statement and admitted only that he was the tenant upto 31.3.1976. He denied that the property had been sublet to any person or that the ground of eviction on account of non payment of rent is available. As per respondent No. 1, it was a sharp device to get the property vacated. Thereafter, respondent No. 1 did not put in appearance. It was respondent No. 2 who contested the petition. He stated that he had been inducted as a tenant in the property. At the relevant time, Prem Sagar brother of Sewa Ram had a share in the property who had inducted respondent No. 2 as a tenant in the property in question.

(3.) Aggrieved by the same, an appeal was filed with the learned Appellate Authority. The Appellate Authority agreed with the finding of the Rent Controller that respondent No. 1 had ceased to be a tenant in the suit premises after 31.3.1976. Hence, the present revision petition.