RAJBIR KAUR Vs. S CHOKESIRI AND CO

JUDGEMENT

(1.) This Appeal, by Special Leave, by the Landlord arises out of and is directed against the judgment and order dated 23-8-1982 of the High Court of Punjab and Haryana in Civil Revision Application No. 2588 of 1980, allowing the Respondent-tenant's appeal and - in reversal of the concurrent findings of the court below that there was an unauthorised subletting - dismissing Appellant's application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (Act) for an order for grant of possession.

(2.) The two appellants - mother and son - as owners of the commercial premises S.C.O. No. 15, Sector 17E, Chandigarh, granted a lease, under deed dated 25-11-1970, in favour of M/s. S. Chokesiri and Co., respondent herein. The lease was for a term certain of 10 years from 1-1-1971 under the terms and on conditions particularised in the Deed Rent was initially Rs. 3,000/- per month subject to certain increases stipulated in the lease deed. Respondent carries on a business in clothing and textiles under the name and style "Saree Sansar" in the demised premises.

(3.) The specific defence to this charge of subletting and the explanation for the admitted presence of those two other business establishments in the premises had better be excerpted from the respondent's additional written statement :