VAISHNO LAL Vs. MILKHI RAM

JUDGEMENT

(1.) THIS civil revision has been filed against an order dated 16.5.1997 passed by the Appellate Authority, Jalandhar, ordering eviction of the petitioner from the shop situated on Jalandhar-Hoshiarpur Road near Old Octroi Post, Kishanpura, Jalandhar City, shown red in the site plan attached and bounded as under :-

(2.) THE respondent-landlord had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for eviction of the petitioner-tenant from the shop on the averment that the petitioner was the tenant in the shop in dispute at a monthly rent of Rs. 50/- as per rent note dated 3.9.1976 which was subsequently enhanced to Rs. 60/- and then to Rs. 70/- per month. It was claimed that the petitioner and pro forma respondent No. 2 were liable to be ejected from the shop in dispute on the ground that the tenant has not paid the arrears of rent from November, 1986 and that the tenant has sub-let the shop in dispute to the pro forma respondent without his consent. It was also claimed that the tenant had shifted his business from the shop in dispute wherein the pro forma respondent was working as a Tea Stall Vendor.

(3.) THE learned Appellate Authority came to the conclusion that as the sub- letting being a contract between a tenant and sub-tenant, it is difficult to prove by way of direct evidence and, therefore, circumstantial evidence has to be seen so as to come to the conclusion whether sub-letting has been proved or not.