MANGAL SAIN Vs. BALWANT RAI

JUDGEMENT

(1.) This is a tenant's revision under Section 15 of the Rent Restriction Act and has arisen in the following circumstances. The landlord Balwant Rai applied for the ejectment of Mangal Sain, his tenant on the grounds of non-payment of rent and subletting Mangal Sain paid the arrears of rent interest and costs on the first date of hearing with the result that the trial of the application proceeded on ground of subletting only. The tenant admitted that the two persons in whose favour the sub-lease was allegedly used to sit at the shop in dispute, though he denied having sublet the same to them. Relying on a decision by Falshaw J. (as he then was) in Amar Nath V/s. Shrimati Savitri Devi, 1955 57 PunLR 276, the landlord's application was rejected.

(2.) On appeal, the Appellate Authority feeling that the dispute had not been put into proper issues framed the following two additional issues remitted the case back for proper trial to the Rent Controller :-

(3.) The Rent Controller after considering the evidence led in the further enquiry came to the conclusion that there was case of subletting on the part of the tenant and also that the purpose for which the shop had been leased out had been changed with the result that the tenant was liable to be ejected on both the grounds. The petition for eviction was, therefore, allowed and the tenant permitted to vacate the shop within one month from 4th November, 1961.