LAWS(P&H)-2005-3-25

GURBAKSH SINGH MANN Vs. HARBANS SINGH SAWHNEY

Decided On March 16, 2005
Gurbaksh Singh Mann Appellant
V/S
Harbans Singh Sawhney Respondents

JUDGEMENT

(1.) THE landlord Gurbaksh Singh Mann has concurrently failed before the learned authorities below and has approached to this Court through the present revision petition.

(2.) THE landlord sought the ejectment of tenant Harbans Singh from the premises in dispute on various grounds. The only ground which survives for consideration before this Court is the ground of sub-letting. It has been claimed by the landlord that the tenant Harbans Singh had let out the premises in dispute to M/s. M.D. Ali Tailors without written consent of the landlord.

(3.) THE learned Rent Controller, on the basis of evidence available on the record, found it as a fact that the tenant had entered into a lease-deed dated 14.4.1982, Ex. R-1, wherein the landlord had specifically permitted the tenant to sublet the rear portion/room of the premises without the previous consent of the landlord in writing. On the basis of the aforesaid stipulation contained in the lease-deed Ex. R-1, the learned Rent Controller rejected the claim of the landlord and as such dismissed the ejectment petition filed by him. The appeal filed by the landlord also failed before the learned Appellate Authority. The learned Appellate Authority also came to the similar conclusion on the basis of the lease-deed/rent note, Ex. R-1. Accordingly, it was held that no written consent of the landlord was required.