JAGAN NATH Vs. DURGA DATT

JUDGEMENT

(1.) The present revision petition has been filed by Jagan Nath and another (hereinafter described, as "the petitioners") directed against the order of the learned Rent Controller, Rohtak, dated 2.12.1980 and of the learned Appellate Authority, Rohtak dated 7.5.1981. The learned Rent Controller had passed an order of eviction against the petitioners. The appeal preferred by the petitioners was dismissed by the learned Appellate Authority.

(2.) The short question that came up for consideration in the present revision petition is about the relationship of landlord and tenant between the parties because it is not in controversy that if the petitioners are the tenants in the suit premises, necessarily the petition for eviction filed by the respondents will not be maintainable.

(3.) This question arises as a result of the following facts. Respondents Durga Datt and Suraj .Parkash had filed a petition for eviction of the petitioners asserting that Hans Raj, respondent No. 3, is a tenant in the suit property and the petitioners are the sub-tenants in the said property. The petition for eviction was filed on a number of grounds, namely, that the tenant has failed to pay or tender the arrears of rent from 1.1.1974, he had sublet the premises; the tenant had diminished the value and utility of the suit premises; the property in question has become unfit and unsafe for human habitation; and bhatties had been set up which are a source of nuisance.