CHANAN SINGH CHITTI Vs. DARBARA SINGH DHILLON

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by the authorities below.

(2.) SHRI Darbara Singh, landlord, filed the present ejectment application on 28th November, 1981, against the tenant Chanan Shing from the demised premises i.e., the shop which was let out on a monthly rent of Rs. 30/- p.m. It was alleged that the tenant Chanan Singh had sublet the premises to Shri K.K. Sharma, Proprietor, International Enterprises, 9 Cannaught Place, New Delhi (respondent No. 2). Arrears of rent were also claimed from 1st April, 1978 up to date, but that ground is no more subsisting. In the written statement, it was denied by the tenant Chanan Singh that he had sublet the demised premises to respondent No. 2 Shri K.K. Sharma, as alleged who had nothing to do with the said premises; that the former was, in fact, in possession of the premises and that he had not at all transferred his tenancy rights to the latter, as alleged. Shri K.K. Sharma, respondent No. 2, filed his own Written Statement on the same averments. He pleaded that he was not in occupation of the demised premises as a sub-tenant, as alleged and that the possession of the entire shop has been with Chanan Singh, respondent No. 1, for many years. Thus, the main controversy between the parties was as to whether Chanan Singh had sublet the premises to Shri K.K. Sharma, Proprietor, International Enterprises, or not. It may be mentioned here that the tenant Chanan Singh was carrying on business on the demised premises under the name and style of Messrs. International Travels.

(3.) LEARNED counsel for the petitioner-tenant contended that it has nowhere been proved nor has been found by either of the authorities below that the tenant Chanan Singh himself was carrying on his business under the name and style of M/s. International Enterprises. According to the learned counsel, the tenant, Chanan Singh, produced in evidence the assessment order for the Assessment Years 1978-79 to 1982-83 (Exs. RI to R5) to show that he has been filing returns and paying income tax on his business. According to the learned counsel, Chanan Singh is in occupation of the demised premises ; that as he never parted with the same in favour of respondent No. 2, K.K. Sharma, Proprietor, M/s. International Enterprises the question of subletting did not arise, and that merely entering into an arrangement with K.K. Sharma for doing business for him did not amount to subletting in any manner. In support of his contention he referred to Smt. Krishnawanti v. Hans Raj, 1974 RCR 163(SC) 1975 Rent Control Journal 164 (SC), Smt. Shanti Devi v. Puran Chand, 1975 PLR 654 and Sat Narian v. Raghbir Singh 1983(1) RCR 39.