MULKH RAJ MUNI LAL MAHAJAN Vs. PARMESHWARI DASS

JUDGEMENT

(1.) M/s. Mulkh Raj Muni Lal Mahajan through Mulkh Raj and Muni Lal have filed this petition against the order of eviction passed by the Rent Controller against them and affirmed by the Appellate Authority, vide their orders dated 3rd of April, 1973 and 30th of August, 1974, respectively.

(2.) Parmeshwari Dass, respondent-landlord filed an application under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) for the eviction of the petitioners on the ground that Des Raj, respondent No. 2 was his tenant @ Rs. 25/- per month, that he had not paid rent to him and that he had sublet the premises in dispute to the petitioners. The petition was contested by the tenant as well as the alleged sub-tenant on the ground that the premises in dispute had been given on rent by the landlord himself to the petitioners and that the same had not been sub-let by Des Raj, tenant to the petitioners.

(3.) As the arrears of rent were tendered, the plea taken by the landlord in this respect was negatived. On the question of subletting the Rent Controller, on the consideration of the entire evidence, held that Des Raj who had taken the premises in dispute on rent from the landlord, had sublet the same to the petitioners. Consequently, the ejectment order was passed against the petitioners and respondent No. 2 and in favour of the landlord-respondent. Dissatisfied from the order of ejectment passed by the learned Rent Controller, appeal was preferred by the petitioners but it did not succeed and was dismissed by the learned Appellate Authority after affirming the finding given by the Rent Controller on subletting. It is in these circumstances that the present revision petition has been filed by the sub-tenants.