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2007 Supreme(P&H) 1816

HEMANT GUPTA
Gurdial Singh – Appellant
Versus
Rajeshwar Dayal – Respondent


Judgment

Hemant Gupta, J.

1. The landlords are in revision aggrieved against the order passed by the learned Appellate Authority whereby the order of ejectment passed by the learned Rent Controller was set aside while accepting the appeal of the tenant.

2. The petitioners have sought eviction of the tenant on the ground that respondent No. 1 was inducted as tenant at a monthly rent of Rs. 700/- in the month of November, 1990. It was agreed that the house tax, if imposed, shall be payable by the said respondent. It is alleged that the said respondent has not paid the rent after January, 1993 and, thus, respondent No. 1 is liable to be evicted for non-payment of rent and the house tax. The petitioner has also sought ejectment of respondent No. 1 on the ground that respondent No. 1 has sublet the premises to respondent No. 2 without the written consent of the petitioners and that the shop in dispute is required for their bona fide use and occupation.

3. The respondent No. 1 in his written statement admitted the relationship between the parties admitting the rate of rent, but denied his liability to pay the house tax. It is the stand of respondent No. 1 that respondent No. 2 is his part




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