RAEES KHAN Vs. IVTH ADDITIONAL DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) ANJANI Kumar, J. This writ petition under Article 226 of the Constitution of India has been filed against the order of the trial Court whereby the trial Court has decreed the suit filed by the landlord on the ground of sub-letting and the Revisional Court confirmed the order of the trial Court.

(2.) THE landlord-plaintiff filed the suit on the ground that Raees Khan defendant No. 1 was a tenant and he sub-let the shop in dispute to Ameer Khan who is his own brother. Admittedly the tenancy was in the name of Raees Khan. THE parties led the evidence before the trial Court. THE trial Court arrived at the finding that from the evidence available on record it is clear that Raees Khan has sub-let the shop in dispute in favour of defendant No. 2, Ameer Khan. THE aforesaid order and decree of the trial Court has been confirmed by the Revisional Court. A suit with regard to arrears of rent has been dismissed.

(3.) IN this view of the matter, the trial Court's finding with regard to sub-letting by the defendant No. 1 in favour of defendant No. 2.