KANWALJIT SINGH AHLUWALIA, J. - (1.) DEV Samaj Society registered under the Societies Registration Act, through Sudarshan Kumar, Principal, Dev Samaj Senior Model School, Ambala City preferred a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 for eviction of respondent No. 1 - tenant. In the eviction petition, it was stated that the petitioner - society, being a registered society, vide appropriate resolution passed, was competent to file eviction petition through Sudarshan Kumar, Principal, Dev Samaj Senior Model School, Ambala City. It was stated that the petitioner - society was owner and landlord of the demised premises. It was further stated that respondent No. 1 Sudhir Kumar was tenant of the shop since April, 1987 and was paying monthly rent @ Rs. 2345/-. Following grounds were pleaded for seeking ejectment of the tenant : (a) Respondent No. 1 has failed to pay or tender the rent for the shop to the landlord since 1st October, 2000 to 31st July, 2001. Therefore, arrears of rent had become due; (b) Respondent No. 1 Sudhir Kumar has inducted his father Parduman Kumar Jain respondent No. 2 as sub-tenant without the written consent of the petitioner- landlord. It was stated that respondent No. 1 has shifted to Ludhiana, has started business there and has sub-let the shop to his father respondent No. 2; (c) That the respondents, without the written consent of the landlord, by affixing iron flexible gate on the entrance of the shop has raised the level of the floor of the shop by breaking the original floor and has constructed a pucca chabutra platform in front of the shop. This act of the tenant- respondents has impaired the value and utility of the demised premises. Therefore on this ground also, eviction was sought.
(2.) NOTICE was issued by the Court. Respondents caused their appearance. Written statement was submitted. In the same, it was stated that Society had not authorized Sudarshan Kumar to file the present petition, therefore, there is a defect in the institution of the petition and same is liable to be dismissed. All averments and pleadings made in the eviction petition, on merit were denied. However, rate of rent being Rs. 2345/- was admitted. Non- acceptance of the rent on the part of the landlord was pleaded. Since the demanded rent along with interest was tendered in the Court and was accepted by the counsel for the petitioner, therefore the ground stands waived off. Respondent No.1 denied that he has shifted to Ludhiana. It was stated that respondent No.2 is none else but his father, therefore, ground of sub-letting is not made out. It was further stated that the alleged chabutra was in existence from the very beginning. Since there were frequent thefts in the market, in order to safeguard the same, respondents and other shopkeepers had affixed iron flexible gate, which was allowed by the petitioner-landlord. Replication to the written statement was filed. Averments made in the eviction petition were reiterated. The Court had drawn following issues : 1. Whether respondent is liable to be evicted from the premises in question on the grounds mentioned in the petition ? OPP 2. Whether present petition has not been filed through duly authorized person ? OPR 3. Relief.
(3.) SUDARSHAN Kumar appeared as PW-1. He tendered registration certificate (Ex.P-1), photocopy of resolution (Ex.P-2), photocopy of proceedings book (Ex.P-3), memorandum of association (Ex.P-4) and rules and regulations of Dev Samaj Education Society (Ex.P- 5). Tenant examined three witnesses. He himself appeared as DW-3. He also tendered documentary evidence, R-1 certificate of Chaman Vatika School, R-2 certificate of Chaman Vatika School in the name of Rajat Jain son of respondent No. 1. RW-1/A admission form of Rajat Jain and Akshat Jain sons of respondent No.1 were tendered to show that they are studying at Ambala and to negate plea of the landlord that he has shifted to Ludhiana. Ex.R-3 is the voter list for the year 2004 was also relied to prove these facts. Petitioner had led no evidence in rebuttal.;