HARI CHAND Vs. KAUSHALYA DEVI ETC.

JUDGEMENT

(1.) THIS is petition filed by Hari Chand against judgment dated 26.9.1984 of Appellate Authority, Hoshiarpur whereby appeal filed by him against the order of ejectment passed by Rent Controller, Hoshiarpur on 9.4.1983 was dismissed.

(2.) THE facts of the case are that Kaushalya Devi had filed ejectment petition against Ramesh Chander as tenant on the allegations that Ramesh Chander inducted a tenant in 1974 in the shop detailed in the heading of the petition. He was in arrears of rent and that he had sublet the premises to respondent No. 2 without written consent of the landlord. In this case, Hart Chand had taken the plea that he was not sub -tenant but was a tenant of the Wakf Board. However, both the Rent Controller and the Appellate Authority held Hari Chand to be sub -tenant and had directed the ejectment.

(3.) FROM the perusal of the record, it would come out that Hari Chand did not appear in the witness box. His wife Bimla Devi had appeared as RW5. She had stated that Wakf Board was owner of the property and property was taken on rent from the Wakf Board. She had denied that Ramesh Chander was either tenant or she had ever paid any rent to Ramesh Chander. However, in the cross -examination, she had stated that her husband i.e. Hari Chand was paying rent to Kaushalya Devi before the shop was taken on rent from the Wakf Board. She had stated that Hari Chand did not execute any rent note in favour of Sansar Chand.