FAQIRIA Vs. IQBAL SINGH

JUDGEMENT

(1.) The landlord-petitioner, has filed this revision petition, against the order of the Appellate Authority, Ropar, dated June 8, 1976, whereby the order of the Rent Controller, directing the ejectment of the tenant was set aside.

(2.) Faqiria, petitioner (now deceased), sought the ejectment of his tenant, Iqbal Singh, respondent, from the premises, in dispute, consisting of two shops situated within the municipal limits of Kurali, on the ground of sub-letting of the demised premises to Lakhmir Singh, one of the respondents. In the written statement, filed on behalf of both the respondents jointly, it was stated that lqbal Singh, respondent, had not sub-let one shop out of the premises, in dispute, to Lakhmir Singh, respondent, as alleged, and the same were in possession of Iqbal Singh, respondent. Lakhrnir Singh, respondent, had placed some books for sale in a small portion of a shop which did not belong to the landlord at all, but to Iqbal Singh, respondent. Legal possession of that portion even was with Iqbal Singh respondent, as he had not parted with its exclusive possession and the right of enjoyment of that part of the property. On the pleadings of the parties, the Rent Controller, framed the following issues :-

(3.) The learned counsel for the petitioner, contended that the said finding of the Appellate Authority, that Lakhmir Singh, respondent, was occupying the shop constructed by Iqbal Singh, tenant, respondent No. 1, was never pleaded and, therefore, the whole approach of the Appellate Authority is wrong and illegal.