KISHORE BROTHERS Vs. SUSHILA DEVI

JUDGEMENT

(1.) This is a tenant's revision against the judgment of the appellate authority who had accepted the landlady's appeal and ordered the tenant's ejectment.

(2.) Smt. Sushila Devi, the landlady, owns shop-cum-flat No. 9 situated in Sector 19-D, Chandigarh. The ground floor of the premises is used as a shop whereas the upper storey is meant for residence. These premises has been let out to Shri D. P. Gupta who was carrying on the business of selling cycles under the name and style of Kishore Brothers (Regd.) Cycles dealers. The landlady filed a suit for ejectment of the tenant on 1-6-1971. The parties entered into a compromise. A decree was passed. The tenant was to vacate the premises by 31st of January, 1973. He, however, did not keep his promise and, in the meantime, the East Punjab Urban Rent Restriction Act, 1949 was enforced in the Union Territory of Chandigarh. Thereafter, the landlady filed ejectment application on a number of grounds. However, only one ground is material for our purpose, i. e., whether the tenant had sublet the premises ? This plea had been taken by amending the ejectment application. The Rent Controller framed issue No. 4 in the following words :

(3.) before the Appellate Authority, only one point was argued. It was contended that D. P Gupta, the tenant, had sublet the premises to R. N. Gupta. D. P. Gupta and R. N. Gupta controverted this assertion. They pleaded that both of them had entered into a partnership in 1974 to run cloth business. The premises in dispute were still in possession of D. P. Gupta, though the partnership business was being carried on in the disputed premises