PIARE LAL Vs. BANU MAL

JUDGEMENT

(1.) THIS is a landlord's revision petition against the decision of the Appellate Authority reversing on appeal the order of the Rent Controller granting his application for ejectment of the tenant.

(2.) PIARE Lal made an application under Section 13 of the East Punjab Urban Rent Restriction Act, hereinafter called the Act, for the ejectment of his tenant Banu Mal from the shop in dispute, which is situate in Gharaunda, District Karnal. The grounds of ejectment were non-payment of rent and subletting by the tenant of a part of the premises to Nand Sarup. The allegations of the landlord were that Banu Mal had taken the premises on a monthly rent of Rs. 15/ -. The tenant had sub-let one room (Kotha) towards the back portion of the shop to Nand Sarup without his consent in writing. It was also said that rent from 1st January, 1966 to 30th September, 1966, @ Rs. 15/- per month, that is, Rs. 135/- together with interest @ 6 per cent per annum, was due from the tenant which he had neither paid nor tendered in spite of repeated demands.

(3.) THIS application was contested by Bany Mal. His case was that he was a tenant of Piare Lal not regarding the entire shop but only with respect to two front rooms including Chabutra and Chhappar. He was not the tenant of the back room marked 'a' in the plan. That room was already in the occupation of Nand Sarup as a tenant under the landlord. As regards rent, it was said that he had occupied the abovementioned portion of the shop under the landlord since 1st October, 1956, @ Rs. 12/- per month. The latter however, increased the rent to Rs. 15/- per month with effect from 1st October, 1964. He denied having sub-let the room to Nand Sarup who, according to him, was a tenant directly under the landlord with effect from the period prior to the occupation of the shop by him.