JAGAT RAM Vs. GURBAKSH LAL

JUDGEMENT

(1.) The facts giving rise to the present revision petition against the order of the District Judge, Jullundur, may briefly be stated Jagat Ram petitioner owned shop No. W.C. 84, situate in Rainak Bazar, Jullundur City, which he gave on rent to Gurbaksh Lal respondent No. 1 on 20th January, 1959. The rent payable was Rs. 29/- per mensum. The petitioner filed an application under Section 13 of the East Punjab Urban Rent Restriction Act (No. 3 of 1949) for Gurbaksh Lal's ejectment and the ejectment of Dev Raj, proprietor, Raj Tailors, respondent No. 2, from the shop on the short ground that a portion thereof had been sublet to Dev Raj. Gurbaksh Lal, respondent No. 1, resisted the application and in doing so pleaded that he was a cloth merchant and to serve his customers better, he had allowed Dev Raj tailor to work in the premises as a licencee and not as a sub-tenant. Dev Raj respondent No. 2 supported the petitioner.

(2.) The Rent Controller, Jullundur framed the following issues :-

(3.) The learned District Judge while disposing of the appeal observed that Dev Raj respondent was in exclusive possession of a portion of the rented shop, but hastened to add that the said exclusive possession was not incampatible with the appellant's plea of licence. Dev Raj respondent while in the witness-box as A.W.5, amongst other things, also stated that he had been paying Rs. 30/- by way of rent to Gurbaksh Lal. The learned District Judge disbelieved him for the reason that he omitted to produce his account books in support of his statement. It was also noticed by the District Judge that Dev Raj had been paying chapper tax to the Municipal Committee, Jullundur, but this also in his view did not show that he was occupying a portion of the shop as a sub-tenant. The learned counsel for the petitioner maintained that once it was proved that Dev Raj was in exclusive possession of the portion of the shop, the only presumption which could have been drawn from this fact was that he was it as a sub-tenant under Gurbaksh Lal respondent. In support of his argument he relied on Associated Hotels of India Ltd. v. R.N. Kapoor, 1959 AIR(SC) 1262 which inter-alia lays down :-