KARTAR SINGH Vs. TARLOK SINGH

JUDGEMENT

(1.) THIS is a tenants' revision petition against the decision of the appellate authority confirming on appeal the order of the Rent Controller. Amritsar, ejecting them from the premises in question.

(2.) ON 10th February, 1949. Tarlok Singh his brother Mohan Singh and their mother Smt. Balwant Kaur gave on lease for twenty years on a yearly rent of Rs. 600/- four shops, a Deori and a vacant pite (Khola) situate in Amritsar, to Tara singh. The condition in the rent deed was that the tenant would be entitled to construct shops and houses on the aforesaid property at his cost and he would be competent to have sub-tenants under him. After the expiry of the lease, however, he would deliver possession of the property built thereon to the landlords without receiving any compensation and the eviction of his sub-tenants would be his responsibility. During the period of lease, the tenant did induct sub-tenants by means of separate rent notes.

(3.) AFTER the expiry of the lease in February, 1969, the landlords filed an ejectment application against the legal representatives of the tenant, he having died in the meantime. Later on the sub-tenants were also impleaded by the order of the court. The grounds for eviction were- (1) that the tenants were in arrears of rent, and (2) that they had sublet the premises without the written consent of the landlords. The ground of non-payment of rent however, became infructuous, because the said arrears were tendered and accepted by the landlords on the first date of hearing. The only ground of eviction which survived was regarding subletting. Both the Rent Controller and the appellate authority came to the conclusion that the tenants had sublet the demised premises without the written consent of the landlords, and consequently an order for eviction was passed by the Rent Controller and the same was confirmed on appeal by the appellate authority. It appears that the original tenant Tara Singh died during the contractual period of the lease and the ejectment application was, therefore, filed against his legal representatives, namely, his sons Kartar Singh and tarlochan Singh and his widow Smt. Roop Kaur, and it is they who have filed the present revision petition. Learned counsel for the petitioners raised two contentions before me:-