HARISH GARG Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS revision petition has been filed by the landlord laying challenge to the order passed by the Rent Controller and affirmed by the appellate authority declining his petition seeking eviction of the respondent/tenant on the ground of sub-letting. Respondent No. 1, Surinder Kumar is alleged to be tenant by the landlord whereas respondent No. 2, C.L. Rajput is alleged to be the sub-tenant. Parties hereinafter in this judgment, shall be referred to as 'landlord' and 'tenant'.

(2.) THE premises in question is a shop situated at Solan. According to the landlord, it was let out to respondent No. 1, Surinder Kumar at a rent of Rs. 400/- per month on September 1, 1978. Ejectment of the tenant is sought on the ground that the premises have been sublet to respondent No. 2 without the written consent of the landlord.

(3.) MR . G.D. Verma, learned counsel appearing for the landlord, while assailing the impugned judgments/orders, contends that the landlord in the present case has fully established on record that respondent No. 1 was inducted as his tenant who, in turn, inducted respondent No. 2 as his sub-tenant. Respondent No. 1 is not in actual possession or control of the premises and it is respondent No. 2 who is in possession and is carrying on the business there.