RAM SARUP Vs. SITA RAM
LAWS(P&H)-2003-1-93
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 30,2003

RAM SARUP Appellant
VERSUS
SITA RAM Respondents

JUDGEMENT

G.S.SINGHVI, J. - (1.) THIS petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act') is directed against orders dated 15.12.1980 and 15.3.1982 passed by Rent Controller, Ludhiana and Appellate Authority, Ludhiana respectively.
(2.) BRIEFLY stated, the facts of the case are that Sita Ram (deceased) (hereinafter described as 'the non-petitioner No. 1') filed a petition under Section 13 of the Act for ejectment of Ram Sarup (deceased) (hereinafter described as 'the petitioner') and three others from a portion of the property bearing No. B-VIII 741, situated at Lakar Bazar, Ludhiana. Non-petitioner No. 1 alleged that he was owner of the property, the demised portion of which was leased out to the petitioner in the year 1950 at a monthly rent of Rs. 16/- for residential purposes, but the latter had not paid the rent since 1.4.1979; had changed the user of the premises and sub-let one room and verandah to non-petitioner Nos. 2 to 4 without his consent who, in turn, converted the verandah into a room and thereby materially impaired the value and utility of the premises. In his written statement, the petitioner denied the allegation of change of user and sub-letting of a portion of the demised premises. He averred that respondents No. 2 to 4 were his employees and not sub-tenants. He further averred that no addition or alteration had been made in the demised premises so as to impair its value or utility.
(3.) IN their separate written statement, respondents No. 2 to 4 pleaded that they were workers of the petitioner and not sub-tenants and that they were not paying any rent to him.;


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