BRIJ MOHAN Vs. MEERA DEVI

JUDGEMENT

(1.) The present revision petition has been filed by Brij Mohan (hereinafter described as 'the petitioner') directed against the order passed by the learned Rent Controller, Sirsa dated 21.11.1995 and of the Appellate Authority, Sirsa dated 9.3.1998. The learned Rent Controller had passed an order of eviction against the petitioner and Anr.. The said order was upheld by the Appellate Authority.

(2.) The relevant facts are that respondents Meera Devi and Pushpa Devi had filed an eviction petition against Shakuntia Devi and Surinder Dass (respondents 3 and 4) besides the petitioner. It was alleged that Shakuntia Devi and Surinder Dass were partners of M/s Mahant Electric Company. They were tenants in the suit property. The ground of eviction which survives for consideration was that respondents 3 and 4 were stated to have sublet the premises to the petitioner. It was asserted that respondents 3 and 4 are the original tenants. The partnership had been dissolved and the possession has been handed over to the petitioner who is carrying on business as proprietor of M/s Mahant Ejectric Company.

(3.) Respondents 3 and 4 did not contest the petition for eviction and were proceeded ex parte. The eviction petition was contested by the petitioner. He admitted that respondents 1 and 2 are the owners of the demised premises. As per the petitioner he is a tenant in the premises in his own right. He was paying rent to respondents 1 and 2 which was accepted. Thus, it was denied that property had been sublet to him.