JAGJIT SINGH BAINS Vs. BRIJ MOHAN SHARMA

JUDGEMENT

(1.) THIS is tenant's petition filed under sub-section (5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act') challenging concurrent findings of facts recorded by both the Courts below. Both the Courts have returned categorical findings that the tenant-petitioner has sublet a portion of the premises to one Mr. V.D. Sikri a sub-tenant and that he had been receiving rent from him. It has also been found concurrently that the tenant-petitioner had parted with the possession of front room to Mr. Sikri at a monthly rent of Rs. 12.50 and that the sub-tenant remained in exclusive possession of the premises from 1961 to 1972 till his death.

(2.) BRIEF facts of the case which have led to the filing of the instant petition are that on 10.3.1972 the landlord-respondent, namely Mr. Brij Mohan Sharma, Advocate purchased the property in dispute vide a registered sale deed. The tenant-petitioner Mr. Jagjit Singh Bains, Advocate was a tenant in the premises in dispute on a monthly rent of Rs. 25/-. The landlord- respondent filed an ejectment petition under Section 13 of the Act on 12.9.1977 on the ground that the tenant-petitioner is in arrears of rent w.e.f. 10.3.1972 at the rate of Rs. 25/- p.m. The ground of subletting was also pleaded alleging that the tenant-petitioner had sublet one room of the demised premises to Mr. V.D. Sikri (since deceased) without any express or implied permission of the landlord-respondent.

(3.) THE Rent Controller on the basis of numerous documents recorded a finding of fact that the tenant-petitioner had sublet front portion of the demised premises to Mr. V.D. Sikri at the rate of Rs. 12.50 as rent without any permission from the landlord-respondent. It has also been held that the tenant-petitioner parted with exclusive possession of the front room to the sub-tenant Mr. V.D. Sikri who remained in its exclusive possession from 1961 to 1975 till his death. The other ground of non-payment of rent did not survive because tender was made by the tenant-petitioner on the first date of hearing which was accepted and that ground was given up. In view of the findings, the Rent Controller allowed the ejectment petition filed by the landlord-respondent directing the tenant-petitioner to hand over vacant physical possession of the premises to the landlord-respondent on or before 17.1.1982. The Appellate Court also affirmed the findings of facts and reached the same conclusion. The learned Appellate Authority went in details of documentary as well as oral evidence produced by the parties. The appreciation of evidence as well as the conclusion recorded by the Appellate Authority reads as under :-