SARAI SMT GANESHI DEVI Vs. KUNDAN LAL

JUDGEMENT

(1.) The present revision petition has been filed by Sarai Smt. Ganeshi Devi, Gaushala Bazar, Hoshiarpur (hereinafter described as 'the petitioner') directed against the order of the learned Rent Controller, Hoshiarpur dated 23.8.1979 and of the Appellate Authority, Hoshiarpur dated, 22.12.1981. The learned Rent Controller had dismissed the petition for eviction. The said order was upheld by the Appellate Authority.

(2.) The sole surviving ground for eviction pressed was as to if the property in question had been sublet by the tenant or not The relevant facts are that petitioner filed the eviction petition with respect to the suit premises. The property was stated to have been let out by one Charanji Lal and then Manager to M/s Kundan Lal Ram Parkash. It was alleged that the property has been sublet and new partners are running the business in the said property though in the name of M/s Kundan Lal Ram Parkash. The petition for eviction was contested. It was denied that the suit property has been sublet. The respondents explained that the suit property had been let out to the firm M/s Kundan Lal Ram Parkash. Two of the original partners of the firm retired and one died. Originally, the partners were Bhagwan Dass and his three sons Kundan Lal, Sat Pal and Ram Parkash. Sat Pal and Ram Parkash retired. A new firm in the same name continued with Bhagwan Dass and his son Kundan Lal. Bhagwan Dass also died. Kundan Lal, who was originally the partner of the firm had started a new partnership with other, namely, Brij Kishore son of Kundan Lal. It was in this process denied that there was subletting of the suit premises.

(3.) The learned Rent Controller framed the issues and recorded that property in question has not been sublet. The appeal preferred was dismissed. It was held that there was no subletting of the property. Aggrieved by the same, the present revision petition has been filed.