PREM CHAND Vs. DHARAMSHALA HARI RAM

JUDGEMENT

(1.) THIS revision petition has been directed against the order of the appellate Authority whereby the order of the Rent Controller was set aside and the tenant was ordered to the ejected on the ground of sub-letting.

(2.) LANDLORD (respondent herein) filed an ejectment petition against the tenant (petitioner herein) for his ejectment from the premises on the ground that he has sublet the same to his nephew namely Subhash Chand. The petition was contested by the tenant as well as by Subhash Chand, who in their written statement took up the plea that they are carrying on the business of Halwai-cum-Dhaba-tea-shop, jointly and the premises have not been sublet to Subhash Chand. The trial Court on the appreciation of the evidence on record returned a finding that the landlord has failed to prove that Subhash Chand is in exclusive possession of the premises and in view of this finding, the ejectment was dismissed. The order of the Rent Controller was challenged by the landlord before the appellate Authority, who allowed the appeal of the landlord and ordered ejectment of the tenant on the ground of subletting alone. This order is being challenged by the tenant in the present revision petition.

(3.) CONSEQUENTLY , the revision petition is allowed and the order of the appellate Authority is set aside and that of the Rent Controller is restored with no order as to costs. Petition allowed.