GURCHARAN SINGH Vs. V K KAUSHAL

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the High Court of Punjab and Haryana dismissing a tenants' revision petition under Section 15 (5), East Punjab Urban Rent Restriction Act, 1949, arising out of eviction proceedings.

(2.) The respondent, as landlord, applied under Section 13 (2) (ii) (a) of the East Punjab Urban Rent Restriction Act, 1949, for the possession of a shop forming part of the premises No. 6283, Nicholson Road, Ambala Cantonment occupied by the appellants. He claimed that the shop had been let out to the first appellant, Gurcharan Singh, but that he had without he written consent of the respondent, sub-let the shop to his father, Gurdayal singh and his brothers, Anoop Singh and Jagjit Singh. The appellants denied that the shop had been sub-let and pleaded that they, along with their father, constituted a joint Hindu family, and that the joint Hindu family was the tenant of the shop. The Rent Controller found in favour of the respondent and passed an order of eviction, which was subsequently affirmed by the Appellate Authority. The appellants applied in revision, and the High Court has, by its judgment and other dated 14th December, 1977, dismissed the revision application.

(3.) The first contention of the appellant is that there is no evidence that the shop was sub-let, and the finding is misconceived in point of law.