RAKESH KUMAR VERMA Vs. NARINDER KUMAR SOOD

JUDGEMENT

(1.) THE ejectment of the tenant was sought on the ground of sub-letting by Kewal Krishan to Rakesh Kumar as well as for arrears of rent from 1.4.1980 to 25.2.1981. The Rent Controller as well as the Appellate Authority found that there was no sub-letting and the lease deed alleged to be a lease in favour of Kewal Krishan is a forged document and has been made to overcome to rigors of rent law. It was found that there was no sub-letting and Rakesh Kumar Verma was in fact the direct tenant of the landlady.

(2.) THE authorities below found that arrears of rent were not tendered on the first date of hearing in accordance with law. Though it was tendered on 12.5.1983, it was not accepted by the landlady. It was further contended that the first date of hearing for tendering the arrears of rent was 4.5.1983 when the ex-parte proceedings were set aside. Be that as it may, it is not the controversy here nor the point is being pressed in this case. However, the learned counsel for the petitioner relies upon Sukhdev Raj v. Rukmani Devi and Others, 1988(1) RCR 430 : 1988(1) Punjab Law Reporter 679, a Division Bench judgment of this Court, in order to contend that since the ejectment was sought against the tenant on the averments that he was as sub-tenant, he was not bound to tender the rent. Reliance has been placed on the following observations of the Division Bench :-

(3.) IN view of my above observations, the impugned order is set aside, revision petition is accepted and the application for ejectment is dismissed with no order as to costs. Revision allowed.