HUKAM CHAND AND ORS. Vs. SHRI CHUHRIA RAM

JUDGEMENT

(1.) This order will dispose of Civil Revision Petitions Nos. 172 and 491 of 1977, which arise out of the same judgment of the Appellate Authority, Chandigarh. The facts in the judgment are being given from Civil Revision No. 172 of 1977.

(2.) Chubria Ram landlord filed an application for ejectment of the tenants-petitioners inter alia on the ground that he required the premises for his own use and occupation and that the firm Hukam Chand Laxmi Chand, to whom the premises had been given on rent, had sublet it to Hukam Chand, Ram Kumar, Chander Bhan and Smt. Darshana Devi, partners of firm Hukam Chand Ram Kumar. The other grounds mentioned in the application for ejectment do not survive. Therefore, it is not necessary to mention them.

(3.) The application for ejectment was contested by the petitioners who pleaded that the premises were taken on lease by firm Hukam Chand Laxmi Chand, which was dissolved on March 31, 1968 and a new firm by the name of Hukam Chand Ram Kumar, Chander Bhan and Smt. Darshana Devi were partners. It is further stated that the first three partners were also partners in the dissolved firm. They denied that the landlord required the premises for his own use and occupation. They also averted that the application for ejectment with respect to the premises, which was a non-residential building, was not maintainable. They further stated that the premises had not been sublet, as alleged by the applicant.