SUDARSHAN KUMAR Vs. BHOLA NATH

JUDGEMENT

(1.) This is a rent revision filed by Sudershan Kumar, landlord, and it has been directed against the judgment dated 15.2.1983, passed by the court of the appellate authority, Rohtak, under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (herein after called 'the Act'), who concurred with the findings dated 15.9.1982 passed by the Rent Controller, Rohtak, who dismissed the rent petition of the landlord Under Section 13 of the Act.

(2.) The pleadings of the parties can be summarised in the following manner:-

(3.) The landlord filed an ejectment petition Under Section 13 of the Act against Bhola Nath son of Ishwar Dass and M/s Deepak machinery Store, Jhajjar through Varendra Kumar son of Jassu Ram, describing him as proprietor of M/s Deepak machinery Store, and the case set up by the petitioner was that Santokh Chand was the landlord of this property and Bhola Nath, respondent No. 1, was the statutory tenant. The property was given on rent on a monthly rental of Rs. 25/-. The petitioner subsequently purchased this property from Santokh Chand, the previous owner and, in this manner, he became the landlord of the property and respondent No. 1 the tenant. According to the petitioner, the respondents No. 1 and 2 are liable to be ejected from the demised premises because the tenant respondent No. 1 had neither paid nor tendered the arrears of rent since 1.3.1977 and that "respondent No. 1 has sub-let the rented premises to respondent No. 2"