LAWS(P&H)-1984-9-47

AMAR CHAND SOHAL Vs. JASDEV SINGH

Decided On September 20, 1984
Amar Chand Sohal Appellant
V/S
JASDEV SINGH Respondents

JUDGEMENT

(1.) THIS is landlords' petition whose ejectment application has been dismissed by both the authorities below.

(2.) THE landlords sought the ejectment of the tenant from the residential building by filing the ejectment application on September 25, 1980. The ejectment was sought primarily on the ground that a portion of the building had been sublet by the tenant to one Lachhman Dass and that the landlords required the premises for their own use and occupation. The tenant denied the averments made in the eviction petition and contested the same. It was pleaded that no portion of the property had been sublet to Lachhman Dass, as alleged. According to him, the said Lachhman Dass was his relation and had been coming to him off and on and stayed with him, and that it did not amount to subletting. The learned Rent Controller found against the landlords on both the counts and dismissed the ejectment application. In appeal, the learned Appellate Authority affirmed the said findings of the Rent Controller and, thus, maintained the order dismissing the eviction application. Dissatisfied with the same, the landlords have filed this revision Petition in this Court.

(3.) AFTER hearing the learned counsel for the parties and going through the relevant record, I find force in this contention.