JAGMOHAN SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) The petitioner filed an application for ejectment of respondent No. 1 on the ground that she had sub-let the premises in dispute is favour of the other respondents as also on the ground that respondent No. 1 had failed to make payment of the rent. When the case came up before the learned Rent Controller on November 13, 1960, the respondent made a statement that be had already deposited the rent in the Court and tendered a sum of Rs. 3.25 paise by way of interest and Rs. 40/- as costs assessed by the learned Rent Controller. The amount tendered was received by the learned counsel for the petitioner with the following statement :

(2.) However, issues were framed on March 18, 1969. On that date the learned Rent Controller recorded the following note :

(3.) On this point, both the learned courts below have gone against the petitioner. Before me, he has read out the evidence of the respondents witnesses and laid particular emphasis on the statements of Sardul Singh (R.W.5) and Dina Nath (R. W. 6) respectively. They have stated that the respondents have been jointly paying the rent to the landlord. According to the learned counsel for the petitioner, respondents other than respondent No. 1 had been brought on the premises in dispute without the permission of the landlord and since they hive been making some contribution towards the rent they should be held as sub-tenants.