GURBIR SINGH Vs. RAM SINGH

JUDGEMENT

(1.) RESPONDENT No. 1 Ram Singh is occupying a shop on Chandigarh Road, Ludhiana, as tenant of Gurbir Singh Petitioner. The latter sought his ejectment on the ground that he had sublet the shop in favour of his son Kartar Singh, respondent No. 2. The Rent Controller, Ludhiana, dismissed the application. The appeal filed by the petitioner was dismissed by the Appellant Authority on 10th October, 1978. The present revision petition has been filed by the petitioner against the order of the Appellate Authority.

(2.) IN order to prove the allegation of sub-letting the petitioner had to establish that Ram Singh, respondent No. 1 had transferred his rights under the lease in favour of his son Kartar Singh and had parted with the legal possession of the demised premises. The test to determine sub-letting is whether the tenant has handed over exclusive possession and control of the tenancy premises to the sub-tenant. In the present case it has been concurrently held by both the Courts below that the respondents Ram Singh and his son Kartar Singh form a joint Hindu family and Kartar Singh is working in the shop in dispute as son of the tenant and not in his individual capacity. The petitioner has not produced any cogent evidence to call for interference in this concurrent finding of fact. Except his own statement there is no evidence to prove that respondent No. 1 has delivered exclusive possession of the shop to respondent No. 2. On the contrary, the respondents have consistently stated that Ram Singh respondent is in possession of the shop and his son Kartar Singh respondent is working thereon as member of the Joint Hindu family. In such a situation, the concurrent finding of fact by the Courts below is unassailable.