Case: Prem Nath and Anr. Vs Jai Gopal and Ors.. High Court of Punjab (India)
| Judges | V.K. Sharma, J. |
| Issue | Property Law |
| Citation | 2007 (4) PLR 465 |
| Judgement Date | May 23, 2007 |
| Court | High Court of Punjab (India) |
Judgment:
Vinod K. Sharma, J.
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This revision petition has been filed against the judgment passed by the learned Rent Controller as affirmed by the appellate authority ordering eviction of the petitioner from the shop in dispute on the ground that the premises have become unfit and unsafe for human habitation as also on the ground of subletting.
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The respondent-landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short the Act) for ejectment of the respondents from the shop bearing No. 273 Ward No. 6 situated in Kacha Bazar Sadhaura, Tehsil Naraingarh, District Ambala. Plea of non-payment as well as of material impairment of the value and utility of the demised premises were also taken. However, subsequently the petition was amended to include that the building has become unfit and unsafe for human habitation. As on the first date of hearing arrears of rent with interest and costs were tendered issue of non-payment of rent was therefore, decided in favour of the tenant.
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The plea of subletting was also taken for eviction.
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On the pleadings of the parties the following issues were framed by the learned Rent Controller -
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Whether the respondents are liable to be ejected from the premises in question as alleged in the petition? OPD
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If issue No. 1 is proved, whether the petitioners have no locus standi to file the present petition? OPR
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Whether this Court has no jurisdiction to try the present petition? OPR
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Whether the petitioners are estopped from this petition as alleged in additional plea No. 4 of the reply? OPR
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Whether the respondents are members of Joint Hindu Family from the very beginning, if so, to what effect thereof? OPR
5-A. Whether the respondents are liable to be ejected on the ground that the shop has become unsafe and unfit for human habitation? OPA
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Relief.
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Learned Rent Controller on issue No. 1 recorded a finding that original owner Prem Nath has started the business of Pan-Bidi in the demised shop which was closed after 4 years and shop was handed over to Amarjit Singh, respondent No. 2. This evidence was sought to be rebutted on the plea that the respondent-tenants were brothers and member of Joint Hindu Family and their business was joint from the very beginning. The plea of subletting was, therefore, sought to be rebutted. However, learned Rent Controller took note of the fact that rent note Ex. PH was in favour of respondent No. 1 alone. It was also...
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