ROSHAN LAL Vs. BABU RAM AND ORS.

JUDGEMENT

(1.) This is tenant's revision against an order of ejectment passed by the Appellate Authority ordering his ejectment on the ground of subletting.

(2.) Babu Ram and Gian Chand, two brothers, owned the house in dispute, situate at Nabha, who let out the same to Roshan Lal tenant. While Roshan Lal in possession of the premises his brother-in-law Ramesh Chand started living with him. Later on Roshan Lal tenant purchased one Khola from Shadi Ram and after constructing a house thereon shifted in the newly constructed house, and Ramesh Chand continued to live in the house in dispute. After the tenant shifted to his newly constructed house after racating the house in question, the landlords filed application for the ejectment of the tenant on the ground of subletting, as after the tenant only Ramesh Chand continued to live therein as sub tenant. The Rent Controller by order dated February 16, 1974 held that the landlords failed to prove the sub-letting.

(3.) On Landlord's appeal, before the Appellate Authority, a firm finding was given by believing Mohan Singh AW 1, Shadi Ram AW 3, Madan Lal AW 4 and Gian Chand one of the landlords that the tenant has shifted to his new house and after vacating the premises in dispute has allowed Ramesh Chand to continue therein, which according to the Court below amounted to subletting on the facts of this case. Consequently by order dated August 21, 1974 and order of ejectment was passed against the tenant on the ground of sub-letting. The tenant has come up in revision to this Court.