MANGE RAM Vs. KIRORI MAL JAI BHAGWAN

JUDGEMENT

(1.) The present revision petition had been filed by Mange Ram, hereinafter described as "the petitioner". It is directed against the judgment of the learned Appellate Authority, Sonepat, dated 9.4.1983. The learned Appellate Authority had set aside the order of the learned Rent Controller and in this process dismissed the eviction petition of the petitioner.

(2.) The relevant facts are that the petitioner had filed eviction petition against the respondents with respect to the shop in question. It was asserted that the agreed rent is Rs. 150/- per month and that the tenant has sublet the premises without the consent in writing of the petitioner. In addition to that, arrears of rent were claimed from 1.4.1997 to 29.2.1980.

(3.) The petition for eviction was contested. It was alleged that the same has been filed only to put pressure on the respondents. It was the plea of the respondents that the agreed rent is Rs. 50/- per month and that they were not in arrears of rent. Rent for the month of February and March, 1980. only was admitted to be due. It was pointed out that the petitioner and his father had been collecting the rent. No rent receipt, however, had been issued. It was denied that the property in question had been sublet.