LAWS(P&H)-1985-7-26

MOHINDER PAL SINGH Vs. BHUPINDER KAUR

Decided On July 11, 1985
MOHINDER PAL SINGH Appellant
V/S
BHUPINDER KAUR Respondents

JUDGEMENT

(1.) MOHINDER Pal Singh petitioner is a tenant in a shop situated at Amritsar on a monthly rental of Rs. 22/- since 1st August, 1955. The original landlords of the petitioner sold the shop in dispute to Smt. Bhupinder Kaur respondent by means of a registered sale deed in 1973. Bhupinder Kaur filed this ejectment application on 27th July 1976 against Mohinder Pal Singh and his father Surjan Singh alleging that Mohinder Pal Singh has sublet the shop or transferred his lessee rights to Surjan Singh. It was also alleged that the tenant had ceased to occupy the shop in dispute for a period of more than four months and had shifted to Delhi where he had started business. Some other grounds of ejectment were also pleaded, but those are not material now.

(2.) MOHINDER Pal Singh and Surjan Singh filed joint-written statement. They pleaded that Mohinder Pal Singh has not ceased to occupy the shop in dispute though he occasionally visited Delhi in connection with his business and in his absence the business in the shop in dispute was looked after by his father. Surjan Singh (Respondent No. 2).

(3.) FEELING aggrieved, Mohinder Pal Singh filed an appeal which was heard by the learned Appellate Authority, Amritsar. Before him only the account of sub-letting was agitated. He confirmed the finding of the learned Rent Controller and dismissed the appeal. Still not feeling satisfied Mohinder Pal Singh has filed this revision petition.