RAM CHANDER Vs. LALA BANARSI DASS

JUDGEMENT

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

(2.) LANDLORD Banarsi Dass sought the ejectment of his tenant Ram Chander, inter alia, on the ground that he had sublet the demised shop to respondent Nos. 2 and 3 without any permission in writing of the landlord. In the written statement Ram Chander tenant denied the subletting as alleged. On the appreciation of the entire evidence both the Authorities below have found that the tenant Ram Chander has sublet the premises to respondent Nos 2 and 3. The Rent Controller even appointed a Local Commissioner to find out as to who was in actual possession of the premises. It was found by P.W.5 Mahabir Prasad Local Commissioner, vide his report P.3 that Ram Chander has sublet three rooms to respondent Nos. 2 to 4. Moreover, respondent Nos. 2 to 4 did not appear in the witness box to deny the allegation.

(3.) CONSEQUENTLY , this petition fails and is dismissed with costs. However, the tenant is allowed three months' time to vacate the premises provided all the arrears of rent are deposited with the Rent Controller within one month with an undertaking that after the expiry of the said period of three months, vacant possession of the premises will be handed over to the landlord and the rent for the said period shall be advance by 10th of every month. Petition dismissed.