SUSHILA DEVI GANDHI Vs. HIRA LAL

JUDGEMENT

(1.) THE present petition has been filed by the unsuccessful landlady, who filed an ejectment petition on the ground of sub-letting. The aforesaid ejectment petition was allowed by the Rent Controller, but on an appeal by the respondents, the Appellate Court set aside the judgment of the Rent Controller and consequently dismissed the ejectment petition.

(2.) THE landlady claimed that the shop in question had been let out to Hira Lal at a monthly rent of Rs. 600/- with effect from July 1, 1979 till June 1, 1980. The said shop had been let out for the purposes of running Halwai business and for running a General Store. It was claimed that the tenant Hira Lal had failed to pay the rent with effect from March, 1985 till April 30, 1985. It was also claimed that Hira Lal had transferred his rights under the lease in the shop in question to respondent Nos. 2 and 3 i.e. Meera Devi widow of Lal Chand (a pre-deceased son of Hira Lal) and Madan Chaudhari son of Hira Lal, who were running the business independently since October 2, 1979. The landlady alleged that the aforesaid fact had come to her notice only two months back and, therefore, the ejectment petition was filed. It was also claimed that respondent Nos. 2 and 3 were running the business of General Store in the shop in question, whereas, Hira Lal had permanently shifted his business of Halwai to another shop situated near Arogya Mandir Street and was running the same under the name and style of Sindhi Sweet. It was alleged that the aforesaid shop had been sub-let by Hira Lal to his daughter-in-law and son illegally and without any written consent of the landlady.

(3.) THE learned Rent Controller allowed the ejectment petition filed by the landlady and ordered the ejectment of the tenant.