ANGURI DEVI Vs. BANARSI DASS

JUDGEMENT

(1.) This revision petition has been filed by the legal representatives of Hari Chand, landlord, against the judgment of the Appellate Authority, Jullundur, dated January 6, 1975.

(2.) Briefly, the facts are that Hari Chand, was the owner of the property bearing No. 73 situated in Jullundur Cantt. and he gave it on lease to Sohan Lal vide rent note dated September 10, 1962, Exhibit A-1. Sohan Lal sub-let three rooms out of the said premises to Banarsi Dass on rent of Rs. 90 per mensem vide rent note dated September 6, 1962. Hari Chand filed an application for ejectment of Banarsi Dass and heirs of Sohan Lal inter alia on the ground that they had not paid the rent from October 5, 1969 at the rate of Rs. 100 per mensem and from September 5, 1963 to October 5, 1969 at the rate of Rs. 10 per mensem. The application was contested by Banarsi Dass who inter alia pleaded that he was the sub-tenant in the shop under Sohan Lal with the previous permission of Hari Chand vide rent deed dated April 1, 1964. Thereafter, out of the premises in dispute he surrendered one room to Hari Chand and became a direct tenant under him of the two rooms at the rate of Rs. 90 per mensem. He tendered the arrears at the rate of Rs. 90 per mensem from October 10, 1969 upto date.

(3.) The Rent Controller came to the conclusion that Banarsi Dass did not become direct tenant under Hari Chand. He further held that in the aforesaid situation it will not he considered that he had paid full rent. Consequently, he allowed the application and ordered ejectment of the tenant. The latter went up in appeal before the Appellate Authority. It came to the conclusion that the tenant had become direct tenant under Hari Chand under an agreement dated April 1, 1964 and that he tendered the due amount. Consequently, he accepted the appeal and dismissed the application for ejectment.