SHANTI DEVI Vs. PARAMJIT KAUR KANG

JUDGEMENT

(1.) THIS civil revision is directed against the order of the Appellate Authority, Chandigarh, dated 3.4.1997, dismissing the appeal of the petitioner-tenant against the order of her eviction passed by the Rent Controller, Chandigarh, dated 14.12.1995.

(2.) KANWAL Parkash Kaur, mother of respondent-Paramjit Kaur, being the owner of SCF No. 35, Sector 23-C, Chandigarh, had let out the entire ground floor of the said premises to petitioner-Shanti Devi and Mohinder Kumar (respondent No. 5) vide rent note dated 18.8.1981 at a monthly rent of Rs. 2,000/- exclusive of water and electricity consumption charges. On her death, respondent- Paramjit Kaur stepped into her shoes as landlady. She filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, claiming that tenants Shanti Devi and Mohinder Kaur had sublet the main shop portion to Sai Ditta Mal and Sham Lal for valuable consideration without her permission. It was claimed that Sai Ditta Mal and Sham Lal were in exclusive possession of the main portion of the demised premises. It was further alleged that the remaining small portion consisting of show window had been sublet to Ramesh Kumar for valuable consideration without the written consent of the landlady. Ramesh Kumar had separate ingress to and egress from the said show window. It was also claimed that tenants, Shanti Devi and Mohinder Kumar, had nothing to do with the demised premises.

(3.) THE landlady, on the other hand, maintained that the partnership deed dated 5.4.1988 (Exh. R-3/2) showed that Shanti Devi was merely a sleeping partner and hence she was no more in possession of the demised shop and had sublet the same in favour of the remaining partners who were in exclusive control and possession of the same.