SONI WIDOW Vs. BAIJ NATH

JUDGEMENT

(1.) Baij Nath (now deceased) and others (respondents) are the owners of the premises in dispute in Jind which were let out to Malha Ram now deceased and represented by his widow Soni and sons Niwas and Ganesh petitioners on May 29, 1951, for a period of one year from June 1, 1951 to May 31, 1952, at Rs. 20 per mensem. The respondents filed a petition for ejectment of the petitioners on various grounds. The Rent Controller vide order dated November 16, 1978, accepted the same on two grounds, namely, (1) that Malha Ram had sublet the property in dispute in favour of Ram Avtar and Shibu sons of Kura and Suti Bai, his widow without the consent of the landlord and (2) Malha Ram had ceased to occupy the premises in dispute for a period of more than one year with out sufficient cause. The legal representatives of Malha Ram as also of Kura (now petitioners) filed an appeal against the order of the Rent Controller which was dismissed by the Appellate Authority vide order dated February 26, 1980. It is against this order that the present revision is directed.

(2.) The learned counsel for the petitioners has argued that Malha Ram and Kura were real brothers. They were cobblers by profession. They worked as cobblers downstairs whereas their families lived upstairs. The Appellate Authority has wrongly found that the sons and widow of Kura are not proved to be the relations of Malha Ram. After the death of Malha Ram and Kura, their families are occupying the premises in dispute. The finding of the Rent Controller as also the Appellate Authority that Malha Ram had sub-let the premises to Kura or to the latter's legal representatives is incorrect. It is also wrong that Melba Ram had ceased to occupy the premises in dispute for a period of more than one year.

(3.) Malha Ram was alive when the respondents filed an ejectment, petition. In the written statement filed by Malha Ram as also Ram Avtar, Shibu and Suti Bai,widow of Kura, it was averred that Malha Ram and Kura were real brothers, R.W. 1 Janki Ram, R. W. 2 -Mal Dev, R. W. Shankar Lal and R.W. Ram Artar respondents have all stated that Malha Ram and Kura were brothers. None of them as cross-examined on this point. It is, therefore, proved that Malha Ram and Kura were real brothers. The finding of the Appellate Court that the relationship of the sons and widow of Kura with Malha Ram is not proved is obviously wrong.