HARDEV LAL Vs. SH. SOHAN LAL JAIN

JUDGEMENT

(1.) THIS is tenant petition against whom eviction order has been passed by both the authorities below.

(2.) THE ejectment application was filed on 3rd April, 1973, by the landlord Sohan Lal against, his tenant Shiv Dayal and the alleged sub-tenant, the, Managing Committee, Vishvakarma Higher Secondary School, respondent No 2 The premises in dispute were let out vide lease deed Ex. Al dated 27th June, 1955. The lease deed was executed between Sohan Lal, the landlord, and Shiv Dayal, the tenant for period of three years on a monthly rent of Rs. 400/-. The landlord sought the ejectment of his tenant Shiv Dayal (who died during the pendency of the proceedings and the petitioner's legal representatives were brought on record) on the ground of subletting of the premises to respondent No. 2 and, secondly on the ground that the tenant had committed such acts as were likely to impair the value and utility of the building. The relevant allegations were made in paras 2(b) and (c) of the ejectment application which read as under :-

(3.) I have heard the learned counsel for the parties and also gone through the relevant evidence on record. Though in the written statement the case set up by the tenant Shiv Dayal was that he had taken the premises on rent as Director of Vishvakarma Council (India) and, therefore, there was no question of any sub-letting. Anyhow, it has been found as a fact by both the authorities below that the premises were let out to Shiv Dayal in his personal capacity and not as Director General as claimed by him. This position has not been contested in this Court on behalf of petitioners. According to clauses 4 and 6 of the lease deed, the tenant the was authorised to sublet the premises and also raise further structure with previous approval of the landlord. Clauses 4 and 6, of the lease deed read as under