CHAMAN LAL Vs. VIDYA PARKASH

JUDGEMENT

(1.) THIS is tenant's revision petition against whom ejectment application of the respondents-landlords was dismissed by the Rent Controller but the order of eviction has been passed in appeal by the Appellate Authority.

(2.) VIDYA Parkash and others, landlords, filed an application for ejectment of their tenant, Chaman Lal (Since deceased), inter alia on the ground of subletting by him to Romesh Kumar, respondent No. 2, from the premises in dispute which consist of a shop. It was alleged that vide rent note date 6.1.1948, Ex. AW5/1, the premises in dispute, double storeyed shop, were given on rent at Rs. 110 per mensem to Chaman Lal. Amongst other grounds, it was further alleged that Chaman Lal had transferred his rights in respect of the part of the tenancy premises to Romash Kumar and thus, has rendered himself liable for eviction.

(3.) ON the appreciation of the evidence, the Rent Controller found that respondent No. 2 Romesh Kumar had not been proved to be a sub-tenant under Chaman Lal respondent No. 1. On the other hand, the evidence points towards the conclusion that Romesh Kumar is a direct tenant under the landlords. In view of this finding, the ejectment application was dismissed. In appeal the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that Chaman Lal had sublet a part of the premises to Romesh Kumar and thus, made himself liable for ejectment. Consequently, the order of eviction was passed against the respondents. Dissatisfied with the same, the tenants-respondents have come up in revision to this Court.