VINOD K.SHARMA J. - (1.) This is tenant's revision against the orders of the authorities under the Rent Act ordering eviction of the petitioners under section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short the Act) on the ground of subletting.
(2.) THE respondent landlord filed a petition under section 13 of the Act in respect of double storeyed shop. It was claimed by the respondent that the premises in dispute were taken on rent at the rate of Rs. 600/- per month w.e.f. 10.5.1980 up to 9.7.1980. It was claimed that the respondent was in arrears of rent from 1.8.1984 to 9.11.1984 along with house tax and also that the tenant-petitioner has sublet the shop without written permission of the respondent as also against the terms of the Rent Note. The application was contested and it was claimed that it was the respondent who failed to receive the rent which, was however, paid on the first date of hearing. It was also the case of the petitioner that the alleged sub tenants were his real brothers. It was claimed that the tenant were running one more shop and could not properly manage two shops, therefore, he entered into a partnership with his brothers for business and he is running the said shop as partner. 3. Learned courts below held that the petitioner has sublet the premises as exclusive possession of the property was handed over to subtenants and ordered eviction of the petitioners.
(3.) MR . D.S. Bali, learned senior counsel appearing on behalf of the petitioners vehemently contended that the order passed by the learned authorities below i.e. the learned Rent Controller and learned Appellate\Authority cannot be sustained. He made reference to the document Ex.R.1, i.e. the compromise entered into between the parties in the previous petition on 13.9.1984.;