LAWS(HPH)-1974-5-9

ARJAN ETC. Vs. JAI PAL ETC.

Decided On May 09, 1974
Arjan Etc. Appellant
V/S
Jai Pal Etc. Respondents

JUDGEMENT

(1.) This is a landlord's revision petition under Sec. 15(5) of the East Punjab Urban Rent Restriction Act.

(2.) The accommodation in question is a shop bearing municipal number 813 situated in Nalagarh. It was originally owned by one Babu Ram who rented the shop to the Respondent Jai Pal in August 1967. The shop was subsequently sold by Babu Ram to the Respondents Arjun, Sarwan and Budh Ram in October 1968. Jai Pal is now accepted as a tenant by them.

(3.) On March 17, 1969, the landlord applied under Sec. 13 of the East Punjab Urban Rent Restriction Act for the ejectment of the tenant on two grounds, that the tenant had sub -let the premises without the consent in writing of the landlord and that the tenant and the sub -tenants had damaged the property. The application was allowed by the Rent Controller, who, while finding that no damage had been proved to the shop, held the unauthorised sub -letting established, and accordingly he ordered the ejectment of the tenant and the sub - tenants