BHAG SINGH Vs. BIRMA DEVI

JUDGEMENT

(1.) THE petitioners who are alleged to be the sub-tenants, have laid challenge to the order passed by the Rent Controller ordering the ejectment on the ground of sub-letting and arrears of rent which order has been affirmed by the appellate authority.

(2.) THE premises is non-residential and a 'DHABA' is being run there. One O.P. Bansal was earlier the landlord of the premises which he sold to Prem Singh, husband of present respondent No. 1, and Mohar Singh, husband of respondents No. 2 and 3. The three respondents, claiming to be the landladies, sought ejectment of Smt. Tej Kaur, tenant who was initially impleaded as respondent No. 1. She did not contest and was proceeded against ex parte. Her legal representative Harnam Singh, who is present respondent No. 4, was brought on record in her place. He too has not contested the ejectment petition. Be that as it may.

(3.) BOTH the Courts below, on appreciation of the material placed on record, have concurrently found both these grounds proved and ejectment has been allowed on the ground of non-payment of arrears of rent as well as on the ground of sub-letting. It has further been held that respondent No. 4, i.e. Harnam Singh, would not be evicted from the premises in question on the ground of arrears of rent if he pays to the landladies or deposits this amount in Court within thirty days from the date of the order.