- (1.) Landlord Vinit Garg, respondent No.1 herein, had filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter mentioned as the Act) for eviction of tenant Narender Kumar Jain, respondent No.2 herein and Sunil Kumar Jain alleged sub-tenant, petitioner herein, from the residential premises located in the area of Ambala Cantt.
(2.) Grounds of eviction pleaded in the petition were that: (i) Tenant Narender Kumar Jain was in arrears of rent w.e.f. December, 2000 till August, 2003 @ Rs.1,200/- per month; (ii) The tenant without permission or consent of the landlord had sub-let the tenanted premises to Sunil Kumar Jain, petitioner herein by transferring his possession as also his rights in favour of Sunil Kumar Jain, whereas respondent Narinder Kumar Jain himself was not residing in the premises and was residing near Civil Hospital, Ambala Cantt; and, (iii) Landlord required the tenanted premises for his own use and occupation as he was grown up and was going to marry soon.
(3.) Tenant Narender Kumar Jain admitted that he was tenant in the premises but claimed that after clearing all the payments of rent till October, 2000, he had handed over the premises to the landlord. Claim of petitioner/sub-tenant before the Rent Controller was denial of relationship of landlord and tenant. It was claimed that he had been residing in the tenanted premises since 1984 being a member of the joint family. It was disclosed by him that Narender Kumar Jain was his uncle.;