- (1.) This is landlord's revision petition challenging the impugned orders of the Authorities below whereby its application for ejectment of the respondents from the demised premises was dismissed.
(2.) The brief facts emerging out from the impugned orders are that in the ejectment petition, the petitioner averred that respondent No.1 is a tenant over the rented land at the rate of Rs.8/-per month who used the rented land by placing a wooden Khokha over it and the respondent was liable to be ejected from the rented land on the following grounds: (i) That after the expiry of the fixed period of tenancy respondent No.1 became a statutory tenant. (ii) That respondent No.1 has not made the payment of rent to the petitioner-landlord as agreed and therefore, now the rent from 1st March, 1981 is due from respondent No.1. (iii) Thatrespondent No.1 has totally ceased to occupy the rented land as he has already left for a foreign country and has sublet the demised premises while he was statutory tenant to respondent No.2, without the written consent of landlord.
(3.) Upon notice, the respondents appeared and filed written statement pleading that Shivala Damodar Dass has never been managed by the petitioner-Society which is neither registered under the Societies Registration Act, nor has anything to do with the said Mandir i.e. Shivala Damodar Dass. It was further averred that the arrears of rent with interest and costs had been tendered on the first date of hearing which were accepted by the petitioner-landlord under protest. It was further pleaded that no alterations had been effected by the respondents which had affected the value and utility of the rented property in any manner.;