CHANDGI RAM Vs. FIRM DAI CHAND LACCHMAN DASS

JUDGEMENT

(1.) CHANDGI Ram has filed this petition against the judgment and order of the Appellate Authority under the East Punjab Urban Rent Restriction Act, (East Punjab Act No. III of 1949) dated 2nd November, 1973, by which the appeal filed by the Firm Dai Chand Lachhman Dass and others was allowed and the ejectment petition filed by the petitioner was dismissed. The facts of the case may briefly be stated thus :-

(2.) THE petitioner owns the shop in dispute. These shops had been let out at Rs. 400/- per annum to firm Dai Chand Lachhman Dass through its owner Ram Dhan respondent No. 2. The petitioner filed an ejectment application against the respondents in August, 1970 on the grounds of arrears of rent and subletting. Regarding subletting, it is alleged that respondent No. 2 had taken the shops on rent and thereafter had sublet to respondent Nos. 3 to 5 i.e. Dai Chand, Lachhman Dass and Rameshwar Dass, who in turn had sublet a portion thereof to respondent Nos. 6 to 8.

(3.) ON the pleadings of the parties, several issues were framed. The parties led their evidence. On the perusal of the evidence, the learned Rent Controller held the plea of subletting in favour of respondent Nos. 3 to 5 have been substantiated by the landlord, with the result that an order of ejectment was passed against the respondents and in favour of the landlord-petitioner. Feeling aggrieved from the order of ejectment, firm Dai Chand Lachhman Dass and others preferred an appeal which, as earlier observed, was allowed by the Appellate Authority and the ejectment petition was dismissed. That is how the present revision petition has been filed.