RAMJI DASS Vs. NATHI RAM

JUDGEMENT

(1.) THIS revision petition has been filed by the landlords against the judgment of the Appellate Authority dated 26th July, 1976.

(2.) BRIEFLY the facts are that the landlords leased out lower portion of the property in dispute to Nath Ram respondent No. 1 at the rate of Rs. 39 per month in 1953. Later they leased the upper storey of the building to him at the rate of Rs. 29.16 in 1959. It is alleged that respondent No. 1 sublet the lower portion to the District Food and Supplies Controller, Ropar, respondent No. 2. They took some other grounds also for ejectment but they do not survive in the revision petition. Consequently they filed a petition for ejectment against the respondents. Respondent No. 2 did not contest the petition whereas respondent No. 1 contested it. He denied that he sublet the lower portion to respondent No. 2.

(3.) THE only question that requires determination is whether respondent No. 1 sublet the lower portion of the property to respondent No. 2. In order to prove their case the landlords produced two witnesses, namely Nasib Singh (A.W.1) and Joginder Singh (A.W.2). Nasib Singh stated that according to the record a godown was taken on rent by respondent No. 2 from Messrs Gokal Chand Nathi Ram, Commission Agents, Kurali with effect from 1st March, 1972 to 21st September, 1972 on a monthly rent of Rs. 150 plus Rs. 82. The payment of the rent was made to Messrs Gokal Chand Nathi Ram. In cross-examination he said that he had not seen the godown which were taken on lease by the Department. Joginder Singh (A.W.2) says that in 1972 he was posted as Inspector, Food and Supplies Department, at Kurali. Many godowns of Nathi Ram were on rent with the Food and Supplies Department. The property in dispute was also on rent in the year 1972 as godown by the Food and Supplies Department. In cross-examination he gave the boundaries of the property as follows :