PREM CHAND Vs. ASHOK KUMAR

JUDGEMENT

(1.) RAM Lal son of Hardwari Lal, the landlord how represented by his legal representatives - the present respondents, instituted an application for ejectment of the tenant from the shop in dispute.

(2.) IT is the case of the landlord-respondents that the shop had been given on rent to Dr. Mulakh Raj at the rate of Rs. 40/- per month under rent note dated July 12, 1979 and that Mulakh Raj had subsequently died and that his brother Karam Chand-respondent No. 1. In the petition had taken over the charge of the shop in his place. Respondent Nos. 3 to 7 are the legal representatives of Dr. Mulakh Raj also became tenants in the premises in dispute. Ram Lal also impleaded one Prem Chand as respondent No. 2 in the ejectment application alleging that he was a sub-tenant in the demised premises. Several pleas were taken up in the ejectment petition but the only which now survives is as to whether Dr. Mulakh Raj had sub-let the premises to Prem Chand, aforesaid.

(3.) AN appeal was, thereafter, preferred by the landlord and the Appellate Authority reversed the findings relying on the statement made by the Prem Chand-respondent No. 2, who appeared as RW-5 admitted that he had taken the shop in dispute from Dr. Mulakh Raj and that the same had been taken with the consent of the landlord. Further reliance was placed on the statement of Pram Chand when he stated that he had earlier been working as an Optician with Dr. Mulakh Raj and that thereafter, he had become a sub-tenant under him on a rent of Rs. 40/- p.m. The present petition has been filed by the tenant.