RAM SARAN Vs. PYARE LAL

JUDGEMENT

(1.) THIS revision is directed against the order of Appellate Authority (II), Solan, in Rent Appeal No. 5-NL/14 of 1990/1988, decided on 16.5.1990, whereby the order of eviction passed by the Rent Controller, Nalagarh, in Case No. 6/2 of 1986, decided on 30.9.1988, has been set aside.

(2.) BRIEFLY , the facts of the case are that the landlord preferred an application under Section 14 of the Himachal Pradesh Urban Rent Control Act (hereinafter shortly 'the Rent Control Act'). The shop owned by him is in Khewat-Khatauni No. Min. 345/498, Khasra No. 734, Ward No. 1, Main Bazar, Nalagarh town. It had been let out to respondent No. 1 on 15.7.1973 against rent of Rs. 140/- per mensem, excluding water and electricity charges. Respondent No. 1 was doing the business of soap under the name and style of 'Ashoka Jain Industry'. The eviction was sought on number of grounds, namely, that the respondent was in arrears of rent from May, 1986 and that he had made material alternations without the consent of the landlord and had thus materially impaired the value and utility of the property and that the premises had been sublet to 'Mahavir Gram Udyog', a co-operative society, and by doing so, the first respondent had parted with the possession and transferred the same to respondent No. 2 without consent. Additionally, it has also been stated that the premises were required by him for doing business with the help of his son.

(3.) THE Rent Controller framed the following issues on the pleadings of the parties :-