MIAN RAM MALHOTRA Vs. SARDAR TARLOCHAN SINGH

JUDGEMENT

(1.) This rent revision has been preferred by the landlord against the judgment of the learned appellate Authority affirming the order passed by the learned Rent Controller, Mandi, dismissing the petition for eviction preferred by the petitioners herein. The petitioners have sought eviction of the respondents under Sections 14(2)(ii)(a) and 14(2)(v) of the H.P. Urban Rent Control Act (hereinafter referred to as the 'Act') on the pleading that the respondent Sardar Tarlochan Singh has sublet and transferred his rights under lease of the shop in dispute to the second respondent Shri Tarlok Singh, after the commencement of the Act, without the consent of the landlord and that the first respondent Tarlochan Singh ceased to occupy the premises for a continuous period of 12 months preceding to filing of the eviction petition.

(2.) The disputed premises are owned by the Arya Samaj Society and Shri Dharam Pal, second petitioner, is its Secretary, who has been authorized by a Resolution Ex. P-1 to file the eviction petition. The premises were let out to the first respondent Sardar Tarlochan Singh in the year 1966, but he sublet these premises in 1988 to the second respondent which are now in his exclusive possession and he has been running the business of transport etc.

(3.) Shri Chet Ram PW-2 stated that he was Secretary of the Arya Samaj Society in the year 1966 when these premises were rented out to the first respondent who sublet these premises to the second respondent who was carrying on his business there. In rebuttal, Sardar Tarlochan Singh examined himself as RW-1 and Kuldeep Singh as RW-