VISHAL GULATI Vs. SARDAR MOHINDRA SINGH

JUDGEMENT

(1.) The writ petition having been restored to its original number vide order of date passed on restoration application, as requested by learned counsel for the parties, I proceed to decide the matter finally at this stage.

(2.) Heard Sri Yasharth, learned counsel for the petitioner and sri Manish Tandon, learned counsel for the respondent.

(3.) Sardar Mohindar Singh (now deceased and substituted by his legal heirs i.e. respondents no.1/1 to 1/5) instituted Small Cause Suit No.180 of 1989 against Mulkraj, father of petitioner, for ejectment from the building in dispute, which is a non-residential building namely a shop on the ground of sub-letting and structural alteration. The suit was dismissed by Small Cause Court vide judgment dated 4th September, 2009 but the said judgment has been reversed by Revisional Court by allowing S.C.C. Revision No.61 of 2009 of the plaintiff-rvisionist vide impugned judgment dated 31st May, 2010. The Revisional Court has held that tenant incurred liability for ejectment on both the counts namely structural alteration and sub letting.