SHYAMA KAUSHAL Vs. RAM LAL

JUDGEMENT

(1.) Petitioner, hereinafter referred to as the landlord, filed an ejectment petition against respondents No.l and

(2.) Petitioners case as set up was that respondent No.l is a tenant in respect of the premises, a shop, situate in Ward No.2 at Chambaghat on Chambaghat -Basal road, known as Shayama Kaushals Shop Complex. Monthly rent of this shop was Rs. 110/excluding municipal tax and electricity charges. Two grounds were pleaded seeking ejectment of the respondents from the premises in question namely, non payment of rent since August, 1992 as also the premises having been let out by respondent No.l to respondent No.2 on a monthly rent of Rs.800/ - per month without written consent of the landlord where the latter is running his business for the last eight months.

(2.) This claim of the landlord was contested and resisted by respondent No. 1, hereinafter referred to as the tenant. According to him he is carrying on the business in the premises in question and respondent No.2 has nothing to do with it. Rather ejectment petition has been filed by the landlord in collusion with respondent No. 2, (hereinafter referred to as the sub tenant), who had nothing to do with the tenanted premises. He is a stranger and the petition has been filed with a view to seek eviction on a ground which was not available to the landlord. Thus, the plea of parting with possession was specifically denied.