GITA DEVI Vs. PARMA NAND AND HARI RAM

JUDGEMENT

(1.) THIS is landlady's revision petition in whose favour eviction order was passed by the Rent Controller, but the same was set aside in appeal by the Appellate Authority.

(2.) THE landlady sought the ejectment of her tenant Hari Ram from the demised premises inter alia on the ground that the tenant had sublet the same to Parma Nand without her consent. Hari Ram, tenant, did not contest the ejectment application; rather he appeared as AW-3 in favour of Gita Devi, landlady and also produced the rent note, Exhibit AW-3/A, dated October 26, 1967, executed by Parma Nand in his favour in respect of the shop, on a monthly rent of Rs. 15/-. It may be mentioned here that two shops, including the demised premises, were let out by the landlady to Hari Ram, tenant, on a monthly rent of Rs. 30/- vide rent note dated September 20, 1967. The ejectment application was contested by Parma Nand who pleaded that the rent note was executed by Hari Ram in her favour collusively in order to eject him. The learned Rent Controller relying upon the rent note, Exhibit A-3/4 found that Hari Ram was guilty of subletting the premises to Parma Nand and, therefore, on that account, the later was liable to be ejected. However, the learned Rent Controller did not pass any ejectment order against Hari Ram. The operative part of the order of the Rent Controller reads :-

(3.) THE learned counsel for the petitioner submitted that the Appellate Authority has erred in coming to the conclusion that the rent note, Exhibit P.A. dated September 20, 1967, was a fictitious document and, thus, the finding arrived at by the Appellate Authority was vitiated.