GYAN PARKASH Vs. SOM NATH

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. This appeal is directed against judgment dated April 29, 1992 passed by the High Court of Himachal Pradesh in Civil Revision Case No. 66/89. The Single Bench of the High Court allowed the said revision case filed under Section 21(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the Rent Act) against the order passed on March 30, 1989 by the Appellate Authority (II) Solan, dismissing the appeal of the appellant and confirming an order of eviction passed on April 19, 1986 by the Rent Controller, Solan.

(3.) The appellant-landlord made an application before the Rent Controller for eviction of the respondent-tenant from the suit premises being a shop room in Solan on the ground of sub-letting and also on the other grounds. The case of the landlord was that by registered lease dated October 21, 1972 the said shop premises was let out to one Som Nath respondent No. 1 at a monthly rental of Rs. 400/-. In March 1973 by a rent note, the said tenant Som Nath sublet the suit premises in favour of respondent No. 2 Ashwani Kumar and the said Ashwani Kumar later on sublet the same to his wife the respondent No. 3, Kamala. Respondent Nos. 2 and 3 filed written statement inter alia contending that the respondent No. 3 was never a sub-tenant but she was inducted as a tenant directly by the landlord from 1971 onwards and in her capacity as a direct tenant she had been possessing the suit property by paying rents. It may be stated here that the respondent No. 3 did not give any evidence by coming to the witness-box but the respondent No. 2 Ashwani Kumar had deposed in this case.