PIARE LAL Vs. CHARANJIT WALIA

JUDGEMENT

(1.) THIS is a tenant's petition against whom an eviction order has been passed by both the authorities below.

(2.) CHARANJIT Walia, landlord sought the ejectment of the tenant Piare Lal from the shop in dispute on the ground that he had sublet the same to one Faqir Chand, respondent No. 2. The shop was let out to the tenant by the original owner at a monthly rent of Rs. 10/- vide a rent note dated 13.6.1970. Subsequently, the original owner sold the shop in dispute to Charanjit Walia vide sale deed dated 14.8.1974 for Rs. 5,000/- and thus, he became the owner/landlord qua the said premises. In the written statement, the tenant denied the relationship of landlord and tenant between the parties. It was denied that respondent No. 2 Faqir Chand was sub-tenant. According to him, he was stated to be a worker of Piare Lal tenant. Both the respondents filed a joint written statement. Learned Rent Controller found that there was a relationship of landlord and tenant between the parties. It was further found that the tenant has sublet the premises to Faqir Chand as he himself was in service and was not in occupation of the premises. The premises were held to be in occupation of Faquir Chand only. In view of the finding an eviction order was passed. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and thus, maintained the eviction order.

(3.) AFTER hearing the learned counsel for the petitioner and going through the relevant, evidence I do not find any merit in this petition. It is admitted by the tenant that he was still in service at Ordinance Depot, Suranussi and is, thus, a Govt. employee. He appeared in the witness box as RW-1 but did not state a single word that he has been working on the shop in dispute after his office hours. In the absence of this evidence, it was for the tenant to prove that in what capacity, Faqir Chand was occupying the shop in dispute. Thus he has failed to prove by any cogent evidence.