L. Nageswara Rao, J. - (1.) Leave granted. 1. The petition for eviction filed by the Appellant under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was dismissed by the Rent Controller. The judgment of the Rent Controller was affirmed in appeal by the Appellate Authority, Faridabad and in revision by the High Court of Punjab and Haryana at Chandigarh. Aggrieved thereby this appeal is filed.
(2.) The Appellant is the landlord of the premises which was let out on 04.01.1957 on payment of rent of 58.26 paisa per month. The Appellant filed a petition for eviction under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for ejectment of the tenants on the following grounds: (i) "That the respondents have defaulted to pay rent and is now in arrears of rent for 60 months beginning from Kwar Bati 1 Sambat 2040 to Sawan Singh Sudhi 15 Sambat 2015; (ii) That respondent No.1 has sub-let the property in dispute to the respondents No.2 & 3; (iii) That respondents have impaired the value and utility of the prosperity in dispute; (vi) That respondents are nuisance to the neighborhood; (v) That the respondents have changed the user of the property in dispute;"
(3.) The Rent Controller framed the following issues for consideration: 1. "Whether the respondent No.1 is in arrears of rent if so its effect? OPP 2. Whether the respondent No.1 has sub-let the demised premises to the respondents No.2 & 3 without the consent of the petitioner? OPP 3. Whether the respondent has materially impaired the value and utility of the building in question? OPP 4. Whether the respondents are nuisance neighborhood if so its effect? OPP 5. Whether the respondents have changed the user of the demised premises without the consent of the petitioners? OPP 6. Whether the petition is bad for mis-joinder and non- joinder of necessary parties? OPR. 7. Relief.";