RAMAN BHARTI Vs. YOGESH KUMAR RATHORE AND ANOTHER

JUDGEMENT

(1.) -Heard Sri J.P.Singh, learned counsel for the petitioner and Sri Diwakar Rai Sharma, learned counsel for the respondents.

(2.) The writ petition is directed against judgment and order dated 15th Feb., 2003 passed by Revisional Court i.e. Additional District Judge, Court No.14, Aligarh allowing the revision No.19 of 2001 of respondent no.1 instituted against Rent Control & Eviction Officer's order dated 25th July, 2001 on the ground that tenant admitted a person not member of his family to run shop in question by handing over its possession and therefore has occurred a deemed vacancy in the shop in question.

(3.) An application was filed by respondent no.1 on 3.11.1998 before Rent Control and Eviction Officer, Aligarh (hereinafter referred to as "RCEO) in respect to disputed shop i.e. Shop No. 15/22, situated at Madargate, Aligarh but the same was rejected by RCEO vide judgment and order dated 25th July, 2001 observing that since erstwhile landlord/owner of shop in dispute did not institute any dispute against petitioner or his father for ejectment, meaning thereby sub letting to petitioner's father, which devolved upon him, was with the consent of erstwhile landlord. It is this order which has been reversed by Revisional Court by means of impugned judgment.