JAGDISH SINGH SATWAL Vs. SMT. CHAMPA BISHT

JUDGEMENT

(1.) This Court has heard the issue at a good length on the question of admission itself. Therefore, I would like to adjudicate the matter instantly.

(2.) Admittedly, respondent Smt. Champa Bisht is the owner/landlady of the property, in question, which is popularly known under the name and style of 'Sharda Hotel/Restaurant' and such premises is the part of a big building renowned as 'Vikas Hotel' in Almora town. Smt. Bisht delivered the possession of such property to the revisionist Jagdish Singh Satwal on a lease to come into operation with effect from 1.1.2007. To that effect, a deed was also drafted between the parties. It was an un - registered document having five -years' tenure, viz. such lease had to come to an end on 1.1.2012. The period, as indicated above, expired and a legal notice under Section 106 of the Transfer of Property Act (hereinafter to be referred as 'the Act') was issued by the landlady on 25.11.2013 thereby terminating the tenancy and asking Mr. Satwal to vacate the premises within thirty dates, which he did not comply. So, the case was launched under the U.P. Rent Control Act but at some later point of time, since it was realized that the rent being more than rupees two thousand per mensem, hence such proceedings were taken back or dismissed by the court concerned, with the result, the S.C.C. Suit No.3 of 2014 was preferred by the landlady Smt. Bisht and the court below, vide the impugned judgment dated 25.3.2016, has decreed the same directing Mr. Satwal to vacate the premises within one month along with an amount of Rs.39,365/ - besides the interest @ 9 percent per annum from the date of filing the suit till the amount is actually paid.

(3.) The main controversy, inter alia, remains that whether Mr. Satwal has sublet the tenanted premises to one Mr. Devendra Singh Bisht. Although, Mr. Satwal has denied such subletting but the court below has decided this issue against him and found that actually, the tenanted premises was sublet by Mr. Satwal in favour of Mr. Devendra Singh Bisht. The basis of arriving at such a finding has been enumerated by learned District Judge in paragraph no.22 of his judgment wherein it was categorically found that Mr. Satwal is a permanent employee of 'Alka Hotel' from 1.5.2005 to 21.5.2013 and his PPF was deducted/deposited in his account regularly during this period. So, in the opinion of the court below, it was evidently proved that Mr. Satwal, being the permanent employee of 'Alka Hotel' and that too in another place i.e. Nainital, had sublet the hotel premises to Mr. Devendra Singh Bisht.