MOHINDER SINGH Vs. BANARSI DASS

JUDGEMENT

(1.) This Revision Petition has been filed by Mohinder Singh against the orders passed by the Courts below whereby the ejectment petition filed by the landlords, was dismissed by the Rent Controller and the appeal filed by them was also dismissed by the Appellate Authority.

(2.) The landlords filed the ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, against Banarsi Dass and Lal Chand, on the ground that Banarsi Dass had taken the shop and house on lease from Babu Ram, grandfather of the landlords, on an annual rent of Rs. 820/- per annum and that Babu Ram had executed a Will in favour of the landlords and on his death, they had become the owners of the property in question. It was alleged that the respondents were liable to be ejected from the said premises, on the ground of non-payment of rent and on the ground that respondent No. I had sub-let the said property to respondent No. 2 without the written consent of the landlords. The ejectment petition was contested by the respondents. It was admitted that Babu Ram had leased out the premises to Banarsi Dass, respondent, on an annual rent of Rs. 820/-, but they did not know whether Mohinder Singh etc. had become the owners of the said shop after the death of Babu Ram. It was alleged that the rent had already been paid and that the arrears were tendered on the first date of hearing along with interest and costs. It was alleged that respondent No. I was still in actual physical possession of the premises and respondent No. 2 was his brother who was assisting him in the family business. After hearing both the sides, the learned Rent Controller dismissed the ejectment petition holding that the landlord had failed to prove sub-letting. The appeal, filed by the landlords, was also dismissed by the learned Appellate Authority, upholding the findings of the Rent Controller. Aggrieved against the same, Mohinder Singh, landlord, filed the present Revision Petition in this Court.

(3.) At the time of arguments no one, either on behalf of the petitioner or on behalf of the respondents, had put in appearance.