MAHABIR PRASAD VERMA Vs. SURINDER KAUR

JUDGEMENT

(1.) Whether on a proper construction of the terms of tenancy and the provisions of the East Punjab Rent Restriction Act, 1949, the appellant is liable to be evicted from the premises in his occupation as tenant, on the ground of wrongful subletting of the premises, is the question which falls for consideration in this appeal by special leave granted by this Court.

(2.) The appellant came into occupation of the shop-cum-flat No. 48, Sector 3-C, Chandigarh on and from 1st of April, 1974 as a tenant under the respondent who happens to be the owner of the said premises on terms and conditions contained in the rent-note dated 2-4-1974. For the sake of convenience we shall describe the appellant as the tenant and the respondent as the landlady of the premises.

(3.) The landlady filed her present petition (R. A. No. 163 of 1977) in the Court of Rent Controller, Chandigarh, under S. 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for the eviction of the tenant on two grounds, namely, non-payment of rent and subletting of the flat portion and Barasati portion of the premises. On the said petition of the landlady, the Rent Controller, Chandigarh passed an order of eviction of the tenant on 17-11-1977 only on the ground of subletting. The other ground, namely, nonpayment of rent by the tenant, did not succeed.