JAGAN NATH Vs. VASDEV

JUDGEMENT

(1.) THE present revision petition has been directed against the order of the Appellate Authority, Chandigarh, dated May 29, 1985 whereby on appeal filed by the landlord-respondent, the ejectment of the tenant-petitoner Jagan Nath has been ordered.

(2.) THE facts relevant to the case are that the petitioner was inducted as a tenant in the suit premises i. e. Booth No. 25, Sector 8-B, Chandigarh way back in the year 1978. It was the case of the respondent that with effect from September 2,1981, the petitioner had ceased to occupy the booth in question for a continuous period of four months; and that shortly prior to the filing of the eviction application on September 15, 1982, he had also received information that the petitioner had sublet the demised premises to one Smt. Bimla Rani. It is these two grounds that the eviction of the petitioner was sought.

(3.) THE Rent Controller came to the conclusion that the premises in dispute had not remained closed for a period of four months as alleged by the respondent and there was no question of subletting either and such the petitioner was not liable to eviction. In the appeal filed by the respondent, the Appellate Authority concurred with the finding of the Rent Controller on the first point but on "he second, he held that the petitioner had sublet the demised premises to his mother Smt. Bimla Rani and was, therefore liable to suffer.