VIJAY KUMAR GOEL Vs. VISHWA NATH SOOD

JUDGEMENT

(1.) Respondent No. 1 Shri Vishwa Nath Sood is a tenant under the petitioner Shri Vijay Kumar Goel in respect of the eastern half portion of the premises known as 9L The Mali, Simla The petitioner on 6 -7 -1970 brought an action under section 13 of the East Punjab Urban Rent Restriction Act (Act No. Ill of 1949) for ejectment of the respondents on the sole ground that the tenant -iespondent No. 1 had sublet or otherwise transferred his rights under the lease in respect of the said premises to respondent No. 2 who was then running a liquor vend in the said shop.

(2.) Respondent No. 1 contested that petition. He denied if he had sublet or otherwise transferred his rights under the lease in favour of respondent No. 2.The counter plea of respondent No. 1 was that he was continuing his crockery business in the premises in dispute along with the liquor business of respondent No. 2 in which he was a partner. His further plea was that ht was in exclusive control and possession of the shop in dispute which remained under bis lock and key. He thus denied if he had sublet or otherwise transferred his rights under the lease in respect of the shop in dispute to respondent No. 2.

(3.) Respondent No. 2 filed a separate reply to the petition which was on similar lines.