KARTAR SINGH AND OTHERS Vs. SOM CHAND

JUDGEMENT

(1.) This is a tenants' revision petition against the judgment of the learned Appellate Authority rejecting their appeal against the decision of the Rent Controller, ordering their eviction.

(2.) The facts giving rise to this case are that Som Chand had purchased the shop in dispute from one Gokal Chand on the 31st of January, 1965 through a registered sale deed. He filed an application for ejectment against Kartar Singh and Sada Ram inter alia on the ground that Kartar Singh, who was the original tenant had sublet the shop in dispute to his brother Sada Ram without the written consent of the landlord, Kartar Singh and Sada Ram appeared and contested the application. They pleaded that the shop was taken on rent by Sada Ram and both of them are brothers and they had been working on the shop from the very inception of the tenancy. This shop was never let out by Kartar Singh to Sada Ram.

(3.) The Rent Controller accepted the evidence led by the landlord conclusion that the shop had not been rented out to Sada Ram and and camt to the who was in possession of the same, because it had been sublet to him by Kartar Singh. He ordered the ejectment of the tenants. The appeal filed by the tenants failed before the learned Appellate Authority. He also affirmed the findings of the learned Rent Controller and held that the shop had not been let out to Sada Ram. It had been leased out to Kartar Singh who had sublet it to his brother Sada Ram. Dissatisfied with these orders, the petitioners have filed the present revision petition.