JOGINDER KUMAR MAHAJAN Vs. ASHOK ADHLAKHA

JUDGEMENT

(1.) THIS is landlord's revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 directed against the order of the Appellate Authority whereby the order of ejectment passed by the Rent Controller against the respondent tenant on the ground of sub-letting, has been set aside.

(2.) IN this case, on 10.1.1986, the petitioner-landlord filed an ejectment application under Section 13 of the East Punjab Urban Rent Registration Act, 1949 (hereinafter referred to as 'the Act') against the respondent-tenants as well as sub-tenant for their eviction from the demised premises shown in site-plant (Ex.A12) on the grounds of non-payment of rent, sub-letting and change of user. The demised premises is situated on the first floor of the building and was let out to the tenants at a monthly rent of Rs. 150/-.

(3.) RESPONDENTS No. 1 and 2 contested she ejectment application and denied the subletting of the alleged room to respondents No. 3 to 5. They took the stand that for medical profession, the running of clinical laboratory is essential, therefore, earlier they had their clinical laboratory at their residence situated at Mission Load, which was being run by respondents No. 4 and 5 under the Partnership Deed dated 25.3.1979. Subsequently in the year 1985, a new partnership was constituted between respondents No. 1 and 2, 4 and 5 and Smt. Shakuntla Rani, mother of respondent No. 1, for running the clinical laboratory in the disputed room in the name of M/s Pathankot Clinical Laboratory. The partnership deed was constituted between the parties on 8.10.1985, though it was made effective from 1.4.1985. It is also alleged that the said partnership deed was got registered with the income Tax authorities. Thus, it was pleaded that the instant case is not a case of sub-letting, but it is a case of bona fide tenancy having partnership between the tenant and the alleged sub-tenants.