SATYA WATI Vs. SAT PAL

JUDGEMENT

(1.) HEARD . No ground to interfere with the concurrent findings of the Courts below.

(2.) RESPONDENT -landlord sought eviction of the petitioner on the ground of sub -letting. It is the case of the landlord that premises in dispute was let out to Dharam Pal who during his life time sub -let the same to Shri Siri Niwas for a valuable consideration. During the pendency of the application Dharam Pal died and so his legal representatives were brought on record. The landlord with a view to prove the factum of sub -tenancy appeared as his own witness the examined S/Shri Banarsi Lal and Krishan Baldev, who supported the case of the petitioner. In rebuttal Raj Kumar, one of the legal representative of Dharam Pal appeared as witness. No other witness has been examined. No independent evidence has been led by the petitioner to prove that earlier Dharam Pal and after his death his legal representatives have been running the business in the shop in dispute. The Rent Controller while noticing this made specific mention of the fact that electricity bills have not been adduced in evidence which could show that electricity consumption bills are being paid by Dharam Pal or his legal representatives. Similarly, no evidence has been led to prove that any transaction had been done by Shri Dharam Pal or his legal representatives in this shop i.e. carrying on the business of the sale of household articles (Karyana).

(3.) DISMISSED .