MADAN LAL MALHOTRA Vs. DEVI DASS

JUDGEMENT

(1.) This is a Defendant's second appeal arising out of a suit filed by the Plaintiff Respondent for ejectment of the Appellants from the Balthak of house No. 237 and for recovery of arrears of rent and mesne profits. The ejectment of the Appellant was sought on the .ground that the Appellant Madan Lal .Mehrotra had sublet the accommodation in suit to Mukund Lal Kapoor (sic) shifted his residence to quarter No. 64, block No. 11, Sabzi Mandi, Delhi after handing over the possession of the accommodation in suit to Mukund Lal Kapoor. The Appellant contested the suit on the ground that he did not sublet the accommodation in dispute to Mukund Lal Kapoor. It was alleged that Mukund Lal Kapoor was hit own brother-in-law and he has been living with him in the house in dispute since the inception of the tenancy. It has bean farther alleged that the Appellant has not relinquished the possession from the house in dispute and his son, his father and his brother-in-law are living in the house in dispute as before and the Appellant also stays in the house in dispute occasionally when he comes from Delhi to Ghaziabad.

(2.) The trial court decreed the suit for arrears of rent and dismissed the suit for ejectment on 23rd October, 1971, Against the said judgment an appeal was filed by the Plaintiff Respondent. The appeal was allowed by the lower appellate court by judgment dated 18th March 1972. Against the judgment dated 18th March 1972 the present second appeal has been filed in this Court by the tenant Appellant.

(3.) Learned Counsel for the Appellant has urged that the finding recorded by the lower appellate court that the Appellant had sublet the premises is a finding vitiated in law and' is based on no evidence.