SHIV PARSHAD Vs. BRIJ LAL

JUDGEMENT

(1.) THIS is a revision petition filed by a tenant against an order for ejectment passed by the Appellate Authority after the landlord's petition had been dismissed by the Rent Controller.

(2.) THE only question involved is whether it was established that the tenant had sublet a part of the premises in dispute which comprise a house in the town of Jagadhri. The relevant facts are that at the time when the landlord's petition was instituted two brothers of the tenant's wife were occupying the upper floor of the house, though it was stated in the tenant's evidence at the time when he appeared as a witness that his brothers -in -law had left and gone to live with their parents who had by then obtained some accommodation. However, the fact of the alleged sub -tenants having left before the landlord's petition was decided would not make any difference if any subletting or parting by the tenant of his tenancy rights in respect of any portion of the premises was established. The learned Rent Controller found that in view of the relationship of the alleged sub -tenants with the tenant there could not possibly be any presumption that they were paying rent and therefore held that no subletting was proved. The learned Appelate Authority, however, held that subletting was a reasonable inference from the facts.