BHAGWAN DASS Vs. RAMESH KUMAR

JUDGEMENT

(1.) The present revision petition has been filed by Bhagwan Dass and Raj Kumar (both dead and represented through their legal representatives), hereinafter described as "the petitioner", directed against the judgment of the learned Appellate Authority, Faridkot, dated 25.7.1984. By virtue of the same, the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Mukatsar, dated 9.8.1982 and instead petition for eviction filed by the respondent was allowed.

(2.) The relevant facts are that Ramesh Kumar had filed a petition for eviction against the petitioner asserting that Bhagwan Dass petitioner was a tenant in the property in question. The surviving ground of eviction relevant for the disposal of the present revision petition is that he has asserted that Bhagwan Dass petitioner No. 1. had sublet the premises to Raj Kumar s/o Bhagwan Dass, petitioner No. 2, and that Bhagwan Dass himself had settled at Smalsar where he was running a shop and had delivered possession of the demised premises to Raj Kumar. It was further asserted that Bhagwan Dass petitioner was not in occupation of the demised premises for a continuous period of four months before the filing of the petition.

(3.) In the written statement filed, petitioners had contested the eviction application. Plea was raised that earlier also an eviction petition had been filed on the same ground which was dismissed by the learned Rent Controller on 16.9.1977. The second petition on the same ground is not maintainable. It was denied that petitioner No. 1 had vacated the shop or was carrying on business at Smalsar. It was asserted that petitioner No. 2 is the son of petitioner No. 1. Petitioner No. 1 had been visiting his other son at Smalsar and had not sublet the property to petitioner No. 2.