HARBHAJAN SINGH ETC Vs. FAQUIR CHAND

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate Authority dated September 4, 1987 reversing, on appeal, that of the Rent Controller, Chandigarh dated August 7 1985 and ordering eviction of the tenant.

(2.) FACTS first : The respondent is the landowner/landlord of Shop-cum-Flat No. 15 situated in Sector 21-C, Chandigarh. He leased out the shop portion of Shop-cum-Flat No. 15 to Harbhajan Singh, petitioner No. 1 (hereinafter the tenant) on June 11, 1968 on a monthly rent of Rs. 400/ (excluding water and electricity charges) through a rent note. On February 6, 1973, the landlord filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for short, the Act) for eviction of the tenant on various grounds including sub letting to M/s. Narang Cycle Co. Karnal. This application was rejected by the Rent Controller on April 28, 1977. On the question of subletting, the Rent Centroller held that the tenant was a partner of M/s Narang Cycle Co. , Karral and that the landlord had been receiving rent from it ; thus sub-letting was not established. The judgment was affirmed on appeal by the Appellate Authority on May 31, 1978. This Court affirmed the judgment of the Appellate Authority by judgment dated August. 16, 1983 rendered in C. R. No. 2 170 of 1978. The only ground pressed was change of user and this Court found that the tenant was engaged in the sale of motor cycles and their servicing is a part of motor cycle business and the ground of change of user was not established. The landlord filed another application under Section 13 of the Act on January 4, 1984. He sought eviction of the tenant on two grounds, namely, that the tenant was in arrears of rent and that after the commencement of the Act, he had parted with possession of the demised premises in favour of M/s. Karan Enterprises, SCF No. 15, Sector 15-C, Chandigarh (for brevity, the sub-tenant ). The sub-tenant is running the business of sale of T. V. S -50 CC Mopeds and the tenant has shifted his business of sale of motor cycles accessories to Shop-cum-Flat No. 12, Sector 21-C, Chandigarh.

(3.) A joint written statement was filed on behalf of the tenant and sub-tenant. It was denied that the tenant had sublet the demised premises. It will be useful to reproduce the version of the landlord as pleaded in para 4 (b) of the eviction application regarding creation of the sub-tenancy and the corresponding reply of the tenant and the sub-tenant in the written statement : -Para 4 (b) of the eviction application ;