CHARAN DASS MAHAJAN Vs. MOHINDER NATH AND ANR.

JUDGEMENT

(1.) This petition, under section 15 of the East Punjab Urban Rent Restriction Act, has been filed by the tenant against the ejectment order dated March 28, 1973 passed by the Appellate Authority, Gurdaspur.

(2.) The only question debated by the learned counsel for the parties at the time of arguments was regarding the burden of proof of the alleged sub-letting. The fact giving rise to this question are that the shop in dispute was let out by Sant Singh to Kishori Lal under the lease-deed dated January 20, 1958 Exhibit P3. Sant Singh later on, transferred the said shop in favour of Mohinder Nath, respondent, on November 11, 1966. From March, 1967 onwards, the rent of the shop was paid by Charan Dass, petitioners, to the respondent landlord vide receipts, exhibits R1 to R19. The landlord claimed that the shop in dispute had been sub-let by Kishori Lal, tenant, to Charan Dass, petitioner Kishori Lal did not put in appearance and the petition was contested by Charan Dass alone who pleaded that he was a tenant under the landlord and denied that Kishori Lal was ever a tenant or that shop was sub-let by him.

(3.) The Rent Controller relying on the said receipts and the fact that Charan Dass was in possession of the shop since the date of the lease in favour of Kishori Lal, held that the petitioner was a tenant directly under the landlord. The Appellate Authority, however, reversed this finding relying on the rent-note, Exhibit P3, and held that the shop had been taken on lease by Kishori Lal who sub-let it to his brother Charan Dass.