AMAR NATH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THIS is landlord's petition in whose favour eviction order was passed by the Rent Controller but was set aside in appeal.

(2.) THE landlord, Amar Nath, sought the ejectment of his tenant from the shop in dispute on the grounds of non-payment of arrears of rent and that the tenant has sublet the premises in favour of respondent Nos. 2 and 3 in the ejectment application. In the written statement, it was pleaded that the tenant and respondent Nos. 2 and 3 from joint Hindu family and the business carried in the shop in a question was joint. The learned Rent Controller negatived the plea of the tenant on the question of subletting and ordered eviction. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that the landlord had failed to prove that the tenant had sublet the premises as alleged in the ejectment application. Consequently, eviction order was set aside.