CHELA RAM Vs. PARSHOTAM LAL

JUDGEMENT

(1.) This is a civil revision and has been directed against the judgment dated 14.1.1983 passed by the Court of the appellate authority under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called 'the Act'), who accepted the appeal of the landlord-respondents and set aside the order of the Rent Controller dated 12.12.1981, who dismissed the application of the landlords under Section 13 of the Act.

(2.) The brief facts of the case are that the landlord-respondents filed a petition under Section 13 of the Act against the tenant-petitioners, with the allegations that the landlords leased their shop to Chela Ram on a monthly rental of Rs. 5/- and that Chela Ram had executed a rent deed on 1.3.1950. It is further alleged that the rate of rent was increased to Rs. 15/- per month in the year 1971 and the said rent was paid upto December, 1973 and, thereafter, the tenant-Chela Ram failed to pay the rent to the landlords who claimed ejectment of the tenants on the grounds of non-payment of rent, change of user and on the plea of sub-letting by alleging that Chela Ram, the original tenant, had let out the demised premises to his son Krishan Lal without the consent of the landlords in writing.

(3.) The said petition was contested by Chela Ram and his son who filed joint written statement. It was admitted by them that the shop in question was given on rent by the landlords to Chela Ram at the rate of Rs. 5/- per month. However, it was denied that the rate of rent was ever increased to Rs. 15/- per month it was also alleged that ever since the said shop was taken on rent, both the respondents (petitioners herein) were carrying on the business jointly as Medical practitioners as they are member of the joint Hindu family being father and son. Other allegations contained in the petition were also denied. It was also alleged that both the respondents were registered medical practitioners and there was no question of sub-letting or change of user.