Civil Revision No. 278 of 2003. Case: Sita Ram Vs Jai Kishan. Himachal Pradesh High Court
| Case Number | Civil Revision No. 278 of 2003 |
| Counsel | For Appellant: Bhupinder Gupta, Senior Advocate and Neeraj Gupta, Advocate and For Respondents: Ramakant Sharma, Advocate |
| Judges | Sureshwar Thakur, J. |
| Issue | Property Law |
| Judgement Date | August 29, 2014 |
| Court | Himachal Pradesh High Court |
Judgment:
Sureshwar Thakur, J.
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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.
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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.
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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.
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The petitioner/landlord filed rejoinder to the reply filed by the respondents, wherein, he denied the contents of the reply and reaffirmed and re-asserted the averments, made in the petition.
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On the pleadings of the parties, the learned trial Court struck following issues inter-se the parties at contest:-
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Whether the respondent is in arrears of rent, as alleged? OPP
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Whether the tenancy qua the demised premises is in the name of Joint Hindu Family business, as alleged. If so its effect? OPR
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Relief.
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On appraisal of the evidence, adduced before the learned trial Court, the learned Rent Controller partly allowed the Rent Petition on the ground of the tenant having fallen into arrears of rent. In appeal, preferred before the learned Appellate Authority against the order of the learned Rent Controller by the petitioner/landlord, the learned Appellate Authority dismissed the appeal, filed by the petitioner/landlord.
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Now the petitioner/landlord has instituted the instant revision petition, assailing the findings, recorded by the learned Appellate Authority, in, its impugned judgment.
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Respondent No. 1, is, admittedly a tenant under the petitioner/landlord. In the rent petition, instituted by the petitioner/landlord, against the tenants/respondents, he had pleaded two grounds of eviction of the aforesaid Jai Kishan from the aforesaid demised premises inasmuch as his being in arrears of the rent as also on the score of the tenant/respondent having sublet the demised premises to respondent No. 2, his brother without the previous/prior consent of the petitioner/landlord. The factum of the respondent No. 2 being the brother of respondent No. 1, the tenant under the petitioner/landlord in the demised premises is uncontroverted. The counsel for the revisionist before this Court has omitted to agitate before this Court the legality of the findings, recorded by both the learned Rent Controller, as also, by the Appellate Authority...
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