UDMI RAM Vs. VED PARKASH

JUDGEMENT

(1.) RESPONDENTS Ved Parkash and Bajrang Lal filed eviction petition inter-alia on the ground that tenant Udmi Ram had sub-let the demised premises which is a shop in favour of Rattan Lal, petitioner No. 2. The tenant contested the eviction petition on the ground that the alleged sub-tenant Rattan Lal who was his brother's son had been adopted by him and was working with him and there was no sub-letting. Registered adoption deed dated 9.11.1981 was relied upon and it was also stated that an earlier petition had been filed on the ground of sub-letting which was withdrawn.

(2.) APPEARING as his own witness Ved Parkash PW1 deposed that Udmi Ram had sub-let the shop to Rattan Lal at a monthly rent of Rs. 150/- without permission of the landlord and stated that the earlier petition was filed alleging sub-letting by Udmi Ram to Kishan Lal, brother of Udmi Ram and matter was compromised when Kishan Lal agreed not to sit on the shop. AW2 Sham Sunder also supported the case of the landlord and he admitted that Ved Parkash was his maternal uncle. AW3 Pawan Kumar also supported the case of the landlord. Tenant Udmi Ram who appeared as RW1 deposed that Rattan Lal was son of his real brother and was adopted when he was 10 years of age and Rattan Lal was now sitting on the shop for the last one and a half years as he was ill. Whenever he is in fit condition of health, he also sits on the shop. RW2 Ram Babu was also examined as a witness by the tenant and so was RW3 Raghbir Singh.

(3.) THE appellate court affirmed the finding of the Rent Controller. Hence this petition.