RADHEY SHAM Vs. GIAN WATI

JUDGEMENT

(1.) LAND -lady-respondent (hereinafter referred to as the landlady) sought the ejectment of Radhey Sham petitioner (herein after referred to as the tenant on two counts i. e. (i) subletting of the premises to Daya Nand respondent No, 2 (hereinafter referred to as the sub tenant) without the written consent of the landlady; and (ii) non payment of rent.

(2.) IN the written statement filed, case of the tenant was that he was in actual physical possession of the premises; that he had entered into a partnership with Daya Nand sub tenant; that Daya Nand was a partner in his business which deals in fertilizer and prayed that the eviction petition be dismissed being frivolous. Arrears of rent were tendered within 15 days. The ground regarding arrears of rent was thus rendered infructuous.

(3.) FROM the pleadings of the parties, the following issues were framed: (i) Whether the respondents are liable to be ejected from the rented premises on the grounds mentioned in the petition ? OPA (ii) Relief.