SATYA DEVI Vs. N.L. DOGRA

JUDGEMENT

(1.) THIS revision petition is under-Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') against the orders of the Courts below vide which the application under Section 13 of the Act was dismissed.

(2.) BRIEFLY put, the petitioner No. 1 Satya Devi landlady and V.P. Sardana her son as Manager, filed eviction application against there respondents on the grounds of non-payment of rent, change of user and sub-letting.

(3.) THE main contest between the parties remained confined to the ground of sub-letting. The petitioners' case throughout has been that premises in dispute were let out to M/s White Rose Dry Cleaners which was being run by Shri Muni Lal Dogra and Shri S.D. Bhanot, respondents Nos. 1 and 2, respectively. After some time, respondent No. 1 Muni Lal Dogra ceased to be the partner of M/s White Rose Dry Cleaners and thereafter respondent No. 2 S.D. Bhanot also left the firm which is now being managed by Brij Nath-respondent No. 3, exclusively. This assertion has been emphatically denied by respondents Nos. 2 and 3 namely S.D. Bhanot and Baij Nath. Rather it is their case that after Muni Lal Dogra had left the firm S.D. Bhanot had taken Baij Nath as his partner. This fact also becomes clear from the cross-examination of V.P. Sardana-petitioner No. 2. It has also come in evidence that M/s White Rose Dry Cleaners is still in existence and doing business in the same premises. Even Ved Parkash Sardana had been receiving rent from M/s White Rose Dry Cleaners.