TARSEM LAL Vs. BIMLA GUPTA

JUDGEMENT

(1.) THE present revision petition has been filed by Tarsem Lal and another directed against the judgment of the learned Appellate Authority dated 13. 9. 1990. By virtue of the impugned judgment, learned Appellate Authority had ordered ejectment of the petitioners from the suit premises.

(2.) RELEVANT facts are that Smt. Bimla Gupta is the landlord of the property in question. She had filed an application for eviction seeking ejectment of the petitioner from the suit premises. It was alleged that the suit premises had been taken on rent by Tarsem Lai, petitioner No. 1, in September, 1972. Regarding it a rent note was executed on 7. 12. 1972. Tarsem Lal had sublet the flat portion to petitioner No. 2 M/s Noor. Tailoring about three years before the filing of petition for a valuable consideration and without the written consent of respondent-landlady. There were other grounds taken for eviction but they do not survive for consideration.

(3.) LEARNED Rent Controller framed the issues and held on appraisal of evidence that petitioner No. 2 had been sublet the property w. e. f. 1. 10. 1972. The respondent preferred an appeal. Learned Appellate Authority reversed the findings of the learned Rent Controller and held that the property had been sublet after the execution of the rent note and after the provisions of the Act were made applicable to the Union Territory of Chandigarh. The ground of eviction was, therefore, available and order of eviction was passed. Aggrieved by the same, present revision petition has been filed.