BASANT KAUR Vs. SHANTI DEVI

JUDGEMENT

(1.) THE challenge in revision here is to the order of eviction passed against the petitioners on the ground of sub letting and that the building had become unsafe and unfit for human habitation.

(2.) THE demised premises are a shop situated in Moga. It was originally owned by Walaiti Ram, who had let it out to Prem Singh. Both Walaiti Ram and Prem Singh have since died and it is their legal representatives who are new arrayed here as parties.

(3.) AS regards sub-letting, the evidence on record shows that Basant Kaur, the widow of the tenant Prem Singh and their two sons reside outside Moga. R. W. 5 Sant Singh, the brorder of the tenant- Prem Singh deposed in this behalf that both the sons of Prem Singh are in service away from Moga and Prem Singh's house in Moga has been sold. Farther that whenever Basant Kaur visits Moga, she lives in his house. In other words, neither of the heirs of the tenant-Prem Singh resides in Moga. What is more, there is over-whelming evidence on record to show that possession of the demised shop is exclusively that of respondents-Han Dev, Rakesh Kumar and Kamal Kant.