MADAN LAL Vs. VIDYA WATI

JUDGEMENT

(1.) Vidya Wati respondent filed an application under Section 13 of the East Punjab Urban Rent Restriction Act for the eviction of Madan Lal petitioner from the vacant site 15' x 26' (part of bungalow No. 519 Majitha Road, Amritsar) on the grounds of subletting and bonafide requirement for own use and occupation. The Rent Controller found both the grounds not proved and dismissed her petition. On appeal filed by the respondent, the appellate authority held that the respondent had proved that she required the land in dispute for her personal use and occupation and further the petitioner had sublet the demised premises without the written permission of the landlady. He consequently accepted the appeal and ordered the ejectment of Madan Lal petitioner, who feeling aggrieved filed civil Revision No. 1873 of 1977 in this Court, the learned single Judge vide order dated February 2, 1980. Has found the finding of the Appellate Authority on the point of bona fide requirement for the respondent in her favour unsustainable and has consequently reversed it.

(2.) On the point of relating to the ground of subletting, the Rent Controller found:

(3.) The Appellate Authority held that there was no evidence to prove that Rattan Lal was using the shop as a brother of Madan Lal and in these circumstances the ground of subletting was established. In Civil Revision No. 1873 of 1977 before the learned single Judge the learned counsel for the Petitioner cited Banarsi Dass v. Faqir Chand, (1976) 78 Pun LR 110: (AIR 1976 Punj & Har 27), which had also been relied upon by the Rent controller and wherein it had been observed (at p. 29 of AIR):-