JAGAN NATH Vs. RADHA KISHAN

JUDGEMENT

(1.) This revision petition at the instance of the tenant is directed against the judgment of the appellate authority dated 7-10-1972, who allowed the ejectment petition of the landlord and set aside the order of the Rent Controller dated 21-12-1970 whereby latter had rejected the ejectment application.

(2.) The landlord Radha Krishan sought the eviction of the tenant, Jagan Nath inter-alia on the ground of the latter having sub-let part of the demised premises to one Dilbagh Rai.

(3.) The only question in issue between the parties in this Court, as also of the Court of the Courts below, pertains to the fact as to whether Jagan Nath tenant had sub-let part of the premises to Dilbagh Rai. In this regard, a few facts that are not indispute deserve notice and these can be stated thus. A shop, which consisted of a few rooms on the ground floor and two Chaubaras on the first floor, was given on rent by the landlord to Jagan Nath tenant an 6-9-1961, vide rent note Exhibit A. 1 at a monthly rent of Rs. 550/-. The landlord filed regular suit for possession against Dilbagh Rai aforesaid on 1-7-1964 wherein it was alleged that the latter was in illegal possession of the Chaubaras on the first floor of the shop in question. On 9-10-1968, Dilbagh Rai filed written statement, Exhibit A-3, wherein he took the stand that he was not in illegal possession and that the possession was with Jagan Nath who was necessary party to the suit. On 16-12-1968, the landlord filed the present application for ejectment against Jagan Nath tenant on the ground already noticed. On 21-2-1969 the landlord served interrogatories upon him. He submitted his reply to the aforesaid questionnaire on 7-3-1969, wherein to the question as to whether Dilbagh Rai had ever been in possession of the Chaubaras, he stated that he had never been in possession of the said Chaubaras. To a further question as to who had been in possession of the said Chaubaras. be took the stand that he had always been in possession thereof. On 25-3-1969, the suit against Dilbagh Rai was allowed to be withdrawn by the Court, vide its order Exhibit A. 5, wherein it was recorded that the suit was withdrawn as the parties bad compromised. This was long after statement Exhibit A. 4 on very by had been made by the counsel for the plaintiff to the effect that :