AMAR NATH Vs. SHRIMATI SAVATRI DEVI

JUDGEMENT

(1.) This is a petition by Amar Nath under Article 227 of the Constitution challenging the order of the District Judge, Karnal, in appeal, for his ejectment from the premises in dispute at the instance of the respondent Shrimati Savitri Devi, who is the landlord.

(2.) The history of a case is as follows. Amar Nath petitioner is the tenant of the respondent in certain premises at Thanesar comprising two shops in one of which apparently he carried on cloth-selling business. In 1948 the landlord instituted proceedings against Amar Nath for his ejectment on the ground that he had sublet part of the premises, the objection apparently being that he had allowed a tailor to sit on the premises. The landlord's petition was dismissed in March 1949 on the ground that it was customary for cloth dealers to allow darzis to sit in their shop premises and that this did not amount in subletting. The landlord's appeal was dismissed on the same ground in June, 1949.

(3.) The present petition was filed in March 1953. In this petition the landlord included a number of other grounds as well as the allegation that the tenant was liable to ejectment on the ground that he had sublet part of the premises without her permission. The Rent Controller by his orders, dated the 12th of March, 1954, rejected the landlord's petition on all grounds.