SARAN SINGH WARYAM SINGH Vs. PANNA LAL

JUDGEMENT

(1.) M /s. Saran Singh Waryam Singh has filed the present rent revision and it has been directed against the judgment dated 4.12.1981 passed by Appellate Authority, Amritsar, who affirmed the order dated 21.12.1979 passed by Shri Baldev Singh, Rent Controller, Amritsar, who allowed the application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') filed by Panna Lal and ordered for the eviction of the present petitioner M/s Saran Singh Waryam Singh along with Jit Singh from the demised premises.

(2.) THE brief facts of the case are that Panna Lal filed an ejectment application under Section 13 of the Act against Jit Singh alleging him as his tenant and M/s. Saran Singh Waryam Singh as sub-tenant by adding his brother Tara Chand, who was co-owner of the demised premises along with the petitioner. The case set up by the landlord in the Court of learned Rent Controller was that Jit Singh took on rent the demised premises from the applicant Panna Lal and respondent No. 3 w.e.f. 1.11.1957 vide rent note Ex.A1 at a monthly rental of Rs. 60/-. The tenancy was oral and accompanied by delivery of possession. In order to reduce the terms of the tenancy into writing a rent note was executed by Jit Singh in favour of the applicant and respondent No. 3 Tara Chand. The tenancy was terminated under Section 106 of the Transfer of Property Act vide notice dated 27.1.1975. According to the landlord the tenant and sub-tenant are liable to be evicted from the premises because Jit Singh has neither paid nor tendered the rent w.e.f. 7.6.1983; he has sublet the demised premises to M/s Saran Singh Waryam Singh without the written consent of the landlord and that the respondents have ceased to occupy the demised premises for a continuous period exceeding four months and the premises are lying locked and closed.

(3.) FROM the pleadings of the parties, learned Rent Controller framed the following issues:-