ASHISH ENTERPRISES FARIDABAD Vs. KOCHHAR INDUSTRIES NEW DELHI

JUDGEMENT

(1.) The present revision petition has been filed by M/s. Ashish Enterprises and another, hereinafter described as "the petitioners" directed against the order passed by the learned Rent Controller, Faridabad, dated 26-5-1994 and that of learned Appellate Authority, Faridabad, dated 21-1-1998. The learned Appellate Authority had affirmed the order of the learned Rent Controller. Hence, the present revision petition.

(2.) The relevant facts are that M/s. Kochhar Industries, respondent No. 1, had filed an eviction petition with respect to the property in dispute. The property in dispute is stated to be a factory shed. Respondent No. 1 contended that M/s. Piyush Art Printers is the tenant in the property in dispute. For the purposes of the present revision petition, suffice to state that it was asserted that the said property has been sub-let to the petitioners without the consent of respondent No. 1-landlord. The other grounds of eviction do not survive nor were pressed in this Court.

(3.) Respondent No. 2, the alleged tenant, contested the petition for eviction. It asserted that the petition has been filed with mala fide intention. The respondent-landlord has not come to the Court with clean hands. Many years ago, respondent No. 2, the alleged tenant, had vacated the property. Thus, respondent No. 2 went on to plea that it has ceased to be a tenant and there is no relationship of landlord and tenant between respondent No. 1 and respondent No. 2. It was denied that the property in dispute was sublet to the petitioners. A plea was raised that it were the petitioners who were the tenants in the property in dispute.