SITA RAM Vs. JAI KISHAN

JUDGEMENT

(1.) The instant civil revision petition is directed against the judgment rendered on 19.8.2003 by the learned Appellate Authority in Rent Appeal No. 3-S/14 of 2003 whereby the learned Appellate Authority affirmed the order rendered on 28.4.2003 by the learned Rent Controller, Solan in petition No. 28/2 of 1998.

(2.) The brief facts of the case are that the petitioner is the landlord of the premises comprising one shop, and, respondent No. 1, Jai Kishan, is, the tenant. Respondent No. 1 Jai Krishan has been averred to have sublet the demised premises to respondent No. 2, Duni Chand without his consent. The rate of rent has been averred and claimed at Rs. 260/- per month along with statutory enhancement. The eviction of the respondents have been sought on the grounds that respondent No. 1 is in arrears of rent w.e.f. 16.9.1996 at the rate of Rs. 260/- per month along with statutory enhancement, as, also on the ground that respondent No. 1 has sub let the premises in favour of respondent No. 2, who is running a Halwai shop, without the consent of the petitioner.

(3.) The respondents contested the petition. In reply, the description of the premises has been admitted by the respondents. However, they have denied of the demised premises being sub let by respondent No. 1 to respondent No. 2. It is submitted that the demised premises is in the tenancy of the Joint Hindu Family business of which respondent No. 1 Jai Kishan is the 'Karta'. It is further submitted that the respondents are real brothers having a Joint Hindu Family business which was being run in the demised premises under the name and style of M/s. Jai Kishan and Brothers. It is also pleaded that they have paid the rent upto the date.