MALIK MOHAMMAD Vs. V ADDITIONAL DISTRICT JUDGE ALIGARH

JUDGEMENT

(1.) This is a tenant's petition. It is directed against concurrent orders passed by the courts below decreeing a suit filed by the Respondent No. 3, the landlord of the premises for the ejectment of the Petitioner on the ground of sub-letting.

(2.) The suit giving rise to this petition was filed against the Petitioner (Defendant No. 1) and the Respondent No. 4 Arshad (Defendant No. 2) on the ground that the Defendant No. 1 has illegally sub-let the premises to the Defendant No. 2.

(3.) The suit was contested by the Petitioner on the ground that he had not sub-let the disputed house to the Defendant No. 2. It was asserted that the Defendant No. 2 is the son of the sister-in-law of Defendant No. 1 and he had always been residing in the house in suit as close relation of the family. It was also asserted that the Plaintiff never objected to the residence of Defendant No. 2 with the Defendant No. 1, until the institution of the present suit. The trial court decreed the suit holding that the Defendant no 1 had sub-let the premises to Defendant No. 2. The finding of the trial court on the question of sub-letting bat been affirmed in revision by the learned v. Additional District Judge.