BHAGI AND ORS. Vs. LEELA DEVI AND ORS.

JUDGEMENT

(1.) This revision arises out of the judgment of addl. District Judge (I) (Appellate Authority), Kangra Division, whereby the order of eviction passed by the Rent Controller, Chamba, in Rent Petition No. 1 of 1979, dated 1 -7 -1982 has been set aside.

(2.) Briefly, the facts are that eviction petition was moved seeking eviction of the tenants on the ground of non -payment of rent and sub -letting. The case of the landlord is that after the death of Hoshiara Ram, the tenanted premises, consisting of shops and residential rooms, passed on to his widow Smt. Leela Devi. Smt. Leela has married one Kishan Chand and has number of children out of this wedlock. She not only failed to pay the rent for the premises but also inducted Kalyan Chand, Gurdhiana and Amar Nath as sub -tenants without the consent of the landlord. These premises, according to the landlord, are in possession of these persons, so, Smt. Leela is liable to be evicted on these two grounds.

(3.) The case of the Respondents is that the premises have not been sublet and no rent was payable. Kalyan Chand and Amar Nath had been working as apprentices with her husband and were continuing in the permises as labourers with no concern with profits and losses of the shop since they were doing work at the instance of Smt. Leela Devi. The allegation of marriage with Kishan Chand and birth of children out of this wedlock was also denied. A few other submissions have also been made in the written statement which is no longer necessary for the determination of the dispute between the parties. Similarly, although number of issues was framed by the Rent Controller, however, only Issue No. 1 survives for decision at this stage and the counsel for the parties also confine their submissions to the same. Issue No. 1 is as follows: