SHAM SUNDER MEHRA Vs. MASTAN SINGH

JUDGEMENT

(1.) THE revision has arisen against an order passed on 31st December, 1985 by the Appellate Authority, Kangra at Dharamshala dismissing the petitioner's appeal and thereby confirming the order passed on 16th March, 1982 by the Rent Controller, Kangra at Dharamashala, dismissing the petitioner's application seeking respondent's eviction from a non-residential building.

(2.) THE petitioner-landlord on 18th November, 1978 filed a petition against the respondents. Respondent No. 1 was impleaded as tenant and respondent No. 2 as a sub-tenant. It was alleged that the premises had been let out to respondent No. 1 somewhere in the year 1968 on a monthly rental of Rs. 40/-. Eviction was sought on three grounds, namely, (a) non-payment of arrears by respondent No. 1 from Ist October, 1975 till date; (b) the premises are required by the petitioner for the purposes of re-construction and bonafide requirement of his own use and (c) that respondent No. 1 has sublet the premises to respondent No. 2 without the consent and permission of the petitioner.

(3.) IT was respondent No. 2, who tendered the rent in Court, which was not accepted by the petitioner. The trial Court dismissed the petition for eviction holding that there was no subletting. It was held that since respondent No. 1 was not a tenant but it was respondent No.2, who was the tenant, who had tendered the arrears of rent, therefore, order of eviction on two grounds was not passed. The third ground was also rejected. The landlord carried the matter in appeal. The Appellate Authority concurring with the findings of fact recorded by the trial Court dismissed the petitioner's appeal. It is this order, which is under challenge in the instant revision petition.