V.K. Sharma, J. - (1.) THIS revision petition has been filed against the judgment passed by the learned Rent Controller as affirmed by the appellate authority ordering eviction of the petitioner from the shop in dispute on the ground that the premises have become unfit and unsafe for human habitation as also on the ground of subletting.
(2.) THE respondent -landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short the Act) for ejectment of the respondents from the shop bearing No. 273 Ward No. 6 situated in Kacha Bazar Sadhaura, Tehsil Naraingarh, District Ambala. Plea of non -payment as well as of material impairment of the value and utility of the demised premises were also taken. However, subsequently the petition was amended to include that the building has become unfit and unsafe for human habitation. As on the first date of hearing arrears of rent with interest and costs were tendered issue of non -payment of rent was therefore, decided in favour of the tenant. The plea of subletting was also taken for eviction.
(3.) ON the pleadings of the parties the following issues were framed by the learned Rent Controller - 1. Whether the respondents are liable to be ejected from the premises in question as alleged in the petition? OPD 2. If issue No. 1 is proved, whether the petitioners have no locus standi to file the present petition? OPR 3. Whether this Court has no jurisdiction to try the present petition? OPR 4. Whether the petitioners are estopped from this petition as alleged in additional plea No. 4 of the reply? OPR;