M.S.LIBERHAN,J - (1.) THE tenant has impugned the order dated Sept. 7, 1988, for ejectment by the Appellate Authority. The factual matrix relevant for the decision of this revision petition is :-
(2.) THE ejectment of the petitioners was sought by the respondents, inter alia, on the grounds of subletting by Kewal Chand to Nasib, structurally changing the demised premises resulting in material impairment of its value and utility and the premises becoming unfit for human habitation. The petitioners refuted the grounds of ejectment. The premises tenanted were known as Tabela, taken for tethering cattle by Kewal Chand. Nasib was an employee of Kewal Chand who had been employed for the last 31 years to look after the cattle as well as other work of Kewal Chand and his family. The occupation of Nasib was admitted but his possession as sub-tenant was denied. Alteration, impairment in value and utility and damage to the building were refuted. The building was stated to be fit for human habitation.
(3.) THE Rent Controller, on appreciation of oral as well as documentary evidence, came to the conclusion that there was no subletting as there was no transfer of exclusive possession nor creation of interest of Nasib in the premises was proved; the building was fit for human habitation; no changes had been made nor any impairment in its value and utility had taken place. Nasib was found to be the servant of Kewal Chand. Resultantly, ejectment was declined.;