SATYANARAIN AND ANOTHER Vs. SARITA SINGH AND ANOTHER

JUDGEMENT

(1.) The first respondent Smt. Sarita Singh filed a suit for ejectment for the suit shop situated at Bikaner on the ground that respondent No.2 is the tenant of the shop at the rent of Rs. 300.00 per month. The second respondent paid the rent up to June, 1981 only and thereafter, is in arrears of rent and that the appellants are the sub tenants inducted by second respondent without the consent of the first respondent landlord. The second respondent did not enter appearance and the proceedings were taken ex-parte against him. The appellants filed a joint written statement contending that shop was given by the first respondent on rent through her mother Smt. Kanta Khatooriya. They have denied the subtenancy and arrears of rent.

(2.) The trial Court has dismissed the suit filed by the first respondent. The lower Appellate Court has allowed the appeal and has relied upon the following circumstances for holding that the appellants are inducted as sub-tenants by respondent No. 2 without the consent of the landlord, respondent No. 1:-

(3.) The appellants' case that neither plaintiff nor her mother was examined and, therefore, an adverse inference should be drawn was also considered by the first appellate Court before arriving at the conclusion that the appellants are the sub-tenants of the second respondent in the suit premises without the consent of the first respondent.