SOHAN LAL Vs. HARDWARI LAL

JUDGEMENT

(1.) The ejectment of the tenant was sought on the ground of subletting. Sohan Lal took the demised premises on lease at the rate of Rs. 12/- p.m. on 6.7.1965. He was running an Atta Chakki opposite the demised premises. Sohan Lal is a brother of Rameshwar Das who was running coal business in a different locality in Bhatinda township. It was claimed that Rameshwar Dass is in exclusive possession of the demised premises. He has built a small hutment and got electric connection. He is doing coal business in the demised premises. The tenant admitted relationship of landlord and tenant as well as the rate of rent. It was claimed that Sohan Lal was carrying on his business of coal merchant and had never sublet it to Rameshwar Dass though he helped him in carrying on his business. Later, a defence of partnership between Sohan Lal and Rameshwar Dass was also set up.

(2.) The Rent Controller found that there was no subletting. The prayer for ejectment was rejected. The Appellate Court reversed the findings of the trial Court. The Appellate Authority observed that partnership was fake and in fact it was camouflage to cover subletting. Resultantly, the tenant was ordered to be ejected.

(3.) The tenant as well as sub-tenant have challenged the findings of the Appellate Authority through this Revision Petition. I have been taken through the statement of witnesses as well as the documentary evidence produced on record.