PADMA SHARMA Vs. MADAN LAL KHANNA

JUDGEMENT

(1.) Smt. Padam Sharma and another (hereinafter described as 'the petitioners') have preferred the present revision petition directed against the order of the learned Rent Controller, Amritsar dated 15.10.1979 and of the 'Appellate Authority, Amritsar dated 18.1.1982. The petition for eviction filed by the petitioners had been dismissed and the said order had been upheld by the Appellate Authority.

(2.) The relevant facts are that petitioners had filed a petition for eviction asserting that they are the landlords of the suit premises. Madan Lal Khanna was stated to be the tenant. It was alleged that arrears of rent have not been paid and further that the tenants had converted the suit premises from residential to non-residential. Lastly the plea raised was that the tenants referred to above has sublet the premises to respondent No. 2 without the consent in writing of the petitioners. Another plea taken up was that the premises were required by the petitioners for their self occupation.

(3.) The petition for eviction was contested. It was pointed that earlier also the petitioners had filed an eviction'petition. The same was dismissed by the Appellate Authority on 10.10.1975". Thus, the petitioners were estopped from filing the second petition. On merits it was stated that no rent was due. it was denied that nature of the premises or user thereto has been changed. The respondents' case was that it had been taken for business purposes and is being used as such. It was further contended that there is no subletting of the premises. The assertion that the petitioners require the property for themselves and members of their family was also denied.