LAWS(P&H)-1980-11-35

AMAR DUTT SHARMA Vs. OM PARKASH

Decided On November 12, 1980
AMAR DUTT SHARMA Appellant
V/S
OM PARKASH Respondents

JUDGEMENT

(1.) The landlord-petitioners have filed this revision petition against the order of the Appellate Authority, Patiala, dated 30th October, 1975, whereby the order of the Rent Controller dismissing his ejectment application was maintained.

(2.) The landlords sought the ejectment of their tenant from the shop in dispute on the ground of sub-letting. It was alleged in the ejectment application that the tenant Om Parkash had transferred his rights under the lease to his brother Sarup Chand and thus had sub-let the shop without written consent of the landlords. In the written statement filed on behalf of the tenant, it was stated that the shop was never sub-let to any person and it was explained that his brother Sarup Chand had entered into a regular partnership with him which was even accepted by the income tax authorities and that they bath were carrying on partnership business in the sail shop by the name of Messrs Sarup Chand Singla. On the pleadings of the parties ; the following issues were framed by the Rent Controller :

(3.) After appraisal of the evidence led by both the parties, the learned Rent Controller came to the conclusion that it was a genuine partnership which was accepted by the income tax authorities as well and therefore, there was no question of any sub-letting. As a result of this finding, the ejectment application was dismissed. In appeal, this finding of the Rent Controller has been affirmed by the Appellate Authority. Feeling aggrieved against this, the landlords have come up in revision this Court.