MANGAT RAI GUPTA Vs. BASHESHAR NATH

JUDGEMENT

(1.) This is a landlord's rent revision and has been directed against the order dated 19.1.1983 passed by the Appellate Authority Rupnagar (Ropar) under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act) vide which learned Appellate Authority set aside the order dated 28.5.1982 passed by the Rent Controller under the said Act vide which the petition under Section 13 of the said Act of the landlord was allowed and the tenant and his sub tenants were directed to vacate the demised premises.

(2.) The brief facts of the case can be taken in the following manner:

(3.) Notice of the rent petition was given to the tenant and the alleged subtenants who filed reply. So far as ownership is concerned, it was admitted. Rest of the allegations were denied. According to the respondent, the rate of rent in the beginning was Rs. 200/- per year. It was increased to Rs. 300/- per year and later on Rs. 360/- per year. According to respondent No. 1, he took this property and started his business under the name and style M/s Naresh Kumar and Brothers. Respondents No. 2 and 3 are his sons and they constitute Joint Hindu Family. Asserting his rights, the respondent stated that rate of. rent is Rs. 360/-per year. They had already paid rent upto June, 1979 and the arrears which was due to the landlord are from 1.7.1979. However, in order to avid ejectment, the respondent tendered rent as claimed by the landlord alongwith interest and costs. Respondent No. 1 did not sub-let the demised plot but respondents No. 2 and 3 are carrying on the business of coal alongwith respondent No. 1 since 1969. Respondents No. 2 and 3 are working with him since then. They sit on the business premises which is in the knowledge of the landlord who never objected to it and as such landlord is estopped by his act and conduct to raise objection. The plot in question was let out for commercial purpose and as such it could not be got vacated for residential purpose.