RESHAM SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order passed by learned single Judge of the High Court of Punjab and Haryana in Civil Revision No. 2006 of 1983. By the impugned judgment the petition filed under sub-section (5) of Section 15 of East Punjab Urban Rent Restriction Act (for short 'the Act') was allowed by setting aside both the judgments of the Rent Controller as well as Appellate Authority.

(2.) The appellant-Resham Singh filed a petition for eviction of two respondents namely Raghbir Singh and Kuldeep Singh in respect of disputed suit premises. According to the appellant the suit premises was let out to respondent-Raghbir Singh but he sublet it to Kuldeep Singh. It was also pleaded before the Rent Controller that the respondent was in arrears of rent from 1-8-80. The Rent Controller decided the issue regarding defaulter against the appellant-landlord but ordered eviction of respondent on the ground of subletting. The appeal filed by the respondent was dismissed by the Appellate Authority. The High Court by the impugned judgment set aside both the judgments and allowed the revision petition holding that there was no subletting and the respondents were not defaulters.

(3.) We have heard Mr. Munni Lal Verma, learned Senior Counsel for the appellant and Ms. Rupinder Kaur Wasu, learned counsel for the respondent.