GURBACHAN SINGH Vs. TIRATH RAM GUPTA

JUDGEMENT

(1.) TIRATH Ram Gupta, respondent is the owner of Shop-cum-Flat No. 7, including two flats Sector 18, Chandigarh. The dispute in the present revision is restricted to two flats only. In 1963 Tirath Ram Gupta let out S.C.F. No. 7 excluding two flats to Gian Chand at Rs. 350/- per month. In 1967 he also leased out two flats to Gian Chand at the rate 125/- per month. Gian Chand sub-let the flats to Gurbanchan Singh petitioner.

(2.) ON March 8, 1973, Tirath Ram, filed an eviction petition against Gian Chand and Gurbachan Singh from S.C.F. No. 7, inclusive of two flats on various ground inter alia that two flats had been sub let by Gian Chand to Gurbachan singh in utter disregard of the terms and condition of tenancy. At the argument stage in the Court of Rent Controller, Chandigarh, Tirath Ram Gupta and Gian Chand effected a compromise. Tirath Ram Gupta gave up his claim for eviction of gian Chand from S.C.F. No. 7 exclusive of two flats and Gian Chand stated that he had sublet two flats to Gurbachan Singh petitioner without the written consent of the landlord (Tirath Ram Gupta) and as such the eviction petition qua two flats may be allowed on the ground of sub-letting. The Rent Controller, vide order dated October 19, 1976, partly allowed the eviction petition of Tirath Ram and directed the eviction of Gian Chand and Gurbachan Singh petitioner from the two flats attached with S.C.F. 7. Gurbachan Singh feeling aggrieved by the order of the Rent Controller filed an appeal which was dismissed by the Appellate Authority, Chandigarh, vide order dated June, 15, 1977. It is under these circumstances that Gurbachan Singh petitioner has filed the present revision.

(3.) THE learned counsel for Tirath Ram Gupta respondent has argued that the petitioner is liable to be evicted from the flats on the ground of sub letting even if the sub-letting had taken place in his favour before November, 4 1972. The argument proceeds that Tirath Ram Gupta terminated the tenancy of Gian Chand by giving the latter a notice under section 106, Transfer of Property Act who received it on January 24, 1972. The effect of the service of the notice under section 106, Transfer of Property Act, is that Gian Chand ceased to be a tenant and Gurbachan Singh petitioner a sub-tenant of the two flats in dispute with effect from January 24, 1972, The petitioner would, therefore, be not a sub-tenant of two flats in dispute on November 4, 1972, on which date the Act came into force in Union Territory of Chandigarh. The petitioner, therefore, cannot assail the order of the his eviction on the ground that he is sub-tenant of the flats in dispute.