BANTA SINGH Vs. VISHWA NATH DOGRA AND ANOTHER

JUDGEMENT

(1.) THE landlord -petitioner has filed this petition against the order of the Appellate Authority, Hoshiarpur, dated 13th of September, 1976, whereby the order of the Rent Controller directing the ejectment of the tenant had been set aside and consequently the ejectment application was dismissed. The landlord sought the ejectment of his tenant Vishwanath inter alia on the ground of subletting from the premises which consisted of a shop situated at Hoshiarpur. It was stated in the ejectment application that Vishwanath had transferred his rights under lease of the entire shop to Sarv Lal and had sublet the same without the written consent of the landlord. In the joint written statement filed on behalf of both the respondents, it was stated that the respondents are father and son being members of the Joint Hindu family inter se and with others had joint business and as such the question of transfer of tenancy did not arise.

(2.) ON the pleadings of the parties, the Rent Controller framed the folio ing issues: -

(3.) WHETHER the petitioner has been refusing to accept the payment of rent when offered by the respondents? OPA