PREM SINGH Vs. GOPAL DAS

JUDGEMENT

(1.) This revision petition has been filed by Prem Singh and his wife Karnail Kaur, the alleged subtenants against the order of the Appellate Authority, Patiala, dated February 20, 1979, affirming the order of ejectment passed by the Rent Controller.

(2.) Briefly, the case of Gopal Dass, landlord, was that he gave the property in dispute on lease to Chhotu Ram at a monthly rent of Rs. 5 in the year 1965. Chhotu Ram, it is alleged, after living there for some years, sublet the house to Prem Singh and Karnail Kaur (now the revision-petitioners). He filed an application for ejectment of Chhotu Ram, Prem Singh and Karnail Kaur, inter alia, on the grounds that Chhotu Ram had not paid the arrears of rent and that he had sublet the house to Prem Singh and Karnail Kaur. The respondents contested the application for ejectment and controverted the aforesaid allegations. Chhotu Ram, in his written statement, admitted that he had sublet the premises to respondents No. 2 and 3. The other respondents inter alia pleaded that there was no relationship of landlord and tenant between them and the applicant and that Chhotu Ram had not sublet the premises to them, but they were tenants under the applicant. The learned Rent Controller came to the conclusion that Chhotu Ram has sublet the premises to Prem Singh and Karnail Kaur and that Chhotu Ram had not tendered the rent. Consequently, he allowed the application for ejectment. Prem Singh and Karnail Kaur went up in appeal before the Appellate Authority, who affirmed the findings of the Rent Controller. They have come up in revision to this Court.

(3.) It is first contended by the learned counsel for the petitioners that Prem Singh and Karnail Kaur were act the tenants under Chhotu Ram, but they were the tenants under Gopal Dass. He submits that If they were tenants under Gopal Dass, then the authorities below could not pass an order of ejectment on the ground of subletting.