KIRPAL SINGH Vs. SARDHA RAM

JUDGEMENT

(1.) THE petitioners are aggrieved against the order of ejectment passed by the courts below. The respondent-landlord filed an eviction petition on the ground that the demised premises were let out to Kirpal Singh vide rent note dated 11.1.1973 at a monthly rent of Rs. 55/-. It is further stated that Kirpal Singh has sub-let the premises to one Joginder Singh. The landlord has pleaded that Kirpal Singh has himself formed an absolutely new concern and has shifted to another shop in front road belonging to one Ujagar Singh. However, the landlord has not disclosed the date on which respondent No. 2 was inducted as a sub-tenant or that the respondent No. 1 has handed over exclusive possession of the shop to respondent No. 2.

(2.) IN the written statement, the respondents denied the allegation of sub- tenancy and stated that both the respondents are brothers and are doing business in the shop jointly in the name of Narula Iron Store, Shahbad. It is further stated that rent upto 31.3.1983 against valid receipts already stood paid. It is further stated that respondents No. 1 and 2 and real brothers and are doing business jointly from the very beginning when the shop was taken on rent. However, rent note was executed by respondent No. 1 being elder brother and Karta of the family.

(3.) THE authorities under the Act passed an order of ejectment on the ground that the payment of rent vide receipts Ex.R1 to R6 are not the conscious piece of evidence for accepting Joginder Singh as tenant. It is also found that Kirpal Singh has taken another shop of Ujagar Singh on rent and therefore, landlord has proved the case of sub-letting by Kirpal Singh in favour of Joginder Singh, his brother.