HANS RAJ AGGARWAL Vs. LACHHMAN DASS

JUDGEMENT

(1.) THIS revision petition is directed by the legal representatives of Hans Raj Aggarwal against the order dated 24.9.1984 passed by the Appellate Authority Faridkot vide which their appeal was dismissed and the order dated 17.10.1981 passed by the Rent Controller, Faridkot, vide which the petition filed by their predecessor Hans Raj Aggarwal (now deceased) for ejectment of Lachhman Dass and Darshan Lal Jindal from the demised shop was dismissed.

(2.) BRIEFLY stated, the facts are that Hans Raj Aggarwal (now deceased) was the owner of the demised shop consisting of one Khan as detailed in the heading of the petition. He had leased it out to Lachhman Dass respondent No. 1 on 1.12.1973 at the rate of Rs. 225/- per month vide rent note executed in his favour by Lachhman Dass. However, Lachhman Dass respondent No. 1 on 7.12.1973 sub-let the demised premises to Darshan Lal Jindal respondent No. 2 vide rent note Ex. A1 at monthly rent of Rs. 275/- and handed over the exclusive possession of the demised shop to him. Thereafter, respondent No. 2 started carrying on the profession of a Dentist into the said shop.

(3.) THE respondents filed separate written statements. Lachhman Dass respondent No. 1 in his written statement admitted most of the assertions made by Hans Raj Aggarwal in his petition. He admitted that he had sub-let the demised shop to Darshan Lal Jindal respondent No. 2 with effect from 7.12.1973 vide rent note Ex.Al which was executed by Darshan Lal Jindal in his favour. However, he asserted that after 2/3 months of sub-letting, he had reported the matter to the landlord and the latter did not object to it.