PREM SAGAR Vs. DARBARI LAL

JUDGEMENT

(1.) This petition has been filed by the Prem Sagar tenant challenging the order of eviction passed by the Rent Controller as also affirmed by the appellate authority. Darbari Lal respondent- landlord has filed the eviction petition against the respondent-tenants on the ground that they have ceased to occupy the rented premises for a continuous period of four months without any reasonable cause. The case of the landlord is that the premises belongs to him and the respondent-tenant had taken the same on rent. The petition before the Rent Controller for eviction was filed on the ground of arrears of rent; that the tenants have ceased to occupy the premises for a continuous period of four months without any reasonable cause and that they have committed acts which are likely to impair materially the value and utility of the premises in dispute. It may be mentioned here that the ejectment order was passed on the ground of non-user as mentioned above.

(2.) The case of the respondent tenant regarding non-user is that the contentions regarding non-user are not true and that the premises are not remaining locked and that the labourers of respondent No. 1 (before the Rent Controller) are living in the factory premises (rented premises). They had also taken a stand that the ownership of the rented premises is not of Darbari Lal alone and that the property in question was leased out to M/s. Bajrang Metal, Jagadhri and that it has been carrying on its business in the premises in question.

(3.) Regarding Darbari Lal-respondent not being the only owner, it is not in dispute that the said respondent is a co-owner of the premises in question. Now if the petition is filed by the co-owner, it is not shown as to how he will not be entitled to get the eviction order in his favour if the other co-owner is not joined as party-applicant. It is well settled law that the co-owner can file a rent petition for possession of the premises against the tenant.