JATINDER SINGH Vs. SURTI RAM

JUDGEMENT

(1.) THE present revision petition had been filed by Jatinder Singh petitioner directed against the judgment of the learned Appellate Authority, Jalandhar, dated 4.4.1989. By virtue of the said judgement, learned Appellate Authority had set aside the order of the learned Rent Controller, Jalandhar, dated 7.3.1987 and instead an order of eviction was passed against the petitioner on the ground of non-payment of arrears of rent and subletting.

(2.) THE relevant facts are that respondent Suit Ram had filed a petition for eviction against the petitioner and one Ravi Jagpal Singh. It was asserted that the property in question was let to Ravi Jagpal Singh (respondent No. 2 in the revision petition) at a monthly rent of Rs. 195/- on 4.1.1980. The said respondent No. 2 had not paid the arrears of rent since September, 1983 onwards and further it was contended that he has sublet the premises to the petitioner without the consent in writing of respondent No. 1 landlord. Notice of the petition was issued. Respondent No. 2 did not put in appearance despite service and was proceeded ex parte. The petitioner contested the claim of the respondent-landlord. He set up defence that the himself is a tenant of the respondent-landlord and thus the question of subletting does not arise. He further pointed out that rent has already been paid uptil September, 1984.

(3.) AGGRIEVED by the same, an appeal has been preferred by Surti Ram respondent. The learned Appellate Authority reversed the finding of the learned Rent Controller and it was held that the receipt could not be acted upon. Respondent No. 2 was the tenant and continues to be so. Thus the petitioner was held to be a sub-tenant in the property. An order of eviction was passed on the ground that the arrears of rents were due which were not paid on the first date of hearing.