KASHMIRI LAL Vs. BANWARI LAL AND OTHERS

JUDGEMENT

(1.) THIS is a tenant's petition filed under section 15(5) of the East Punjab Urban Rent Restriction Act against the order of the Appellate Authority reversing on appeal the order of the Rent Controller by which the landlord's application for the petitioner's ejectment had been dismissed.

(2.) THE premises in dispute is a shop situate in the Municipal area of Abohar, District Ferozepore. Banwari Lal, respondent No. I, had claimed the eviction of Kashmiri Lal, tenant, on a number of grounds, but in the present petition we are are concerned only with one of them namely, that of subletting. The case of the landlord, as put in the ejectment application, was that the tenant had, in the first instance, sublet the shop to Bhagwan Singh, respondent No. 2 on 14th September, 1962, who occupied the same for a period of about six months, and then the landlord sublet it to Messrs. Jagdish General Stores, respondent No. 3. It was also stated that the subletting was done without the written consent of the landlord,

(3.) LEARNED counsel for the petitioner has submitted that the Appellate Authority in his order has observed thus