HARBANS SINGH TENANT Vs. MALKIAT SINGH

JUDGEMENT

(1.) This revision has been directed by Harbans Singh, who was styled by the landlord to be a sub-tenant on the premises in dispute, against the order rendered by the Appellate Authority dated 24th of March, 1981.

(2.) Brief facts of the case reveal that landlord Malkiat Singh filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for eviction of Achhar Singh and Harbans Singh tenant and sub-tenant from demised premises on various grounds like non-payment of rent, building required by the landlord for his bona fide necessity and the original tenant Achhar Singh having sublet the building to the petitioner Harbans Singh. Rent Controlelr vide its order dated 13th of October, 1979 allowed the eviction petition on the ground of nonpayment of rent and the building having been sublet by the original tenant Achhar Singh to Harbans Singh. It may be mentioned here that inasmuch as arrears of rent were tendered by Harbans Singh the finding of the Rent Controller was that the tender was not valid.

(3.) Against the order of the Rent Controller two separate appeals, one by Harbans Singh and other by Achhar Singh were filed. Both these appeals came to be disposed of by one order. Whereas the Appellate Authority accepted the appeal preferred by Achhar Singh, the one preferred by the present petitioner was dismissed.