FIRM KRISHAN KUMAR, SURINDER KUMAR, JAITU MANDI DISTRICT FARIDKOT, THROUGH KRISHAN KUMAR PARTNER AND OTHERS Vs. CHAMAN LAL

JUDGEMENT

(1.) This is tenant's petition against whom order of eviction has been passed by both the authorities below.

(2.) The landlord, Chaman Lal, sought the ejectment of his tenants Budh Ram etc, from the tenancy premises in question, consisting of a shop, on the basis of subletting. The shop in dispute was originally given on rent to Budh Ram on a yearly rent of Rs. 750. It was alleged that Budh Ram had sublet the shop in question to Krishan Kumar and Prem Kumar, respondents, who were doing the business under the name and style of firm M/s. Krishan Kumar Surinder Kumar. The application was resisted inter alia on the ground that Budh Ram and his son Prem Kumar were members of the Joint Hindu Family and that the shop in question was given by the landlord to the Joint Hindu Family in the year 1966. The allegation started of sub-letting was denied. It was alleged that he alongwith his son Prem Kumar, carried on the Joint Hindu Family business upto 31.3.1968. On 1.4.1968 his son Prem Kumar, as representative of the Joint Hindu Family, entered into partnership with Krishan Kumar and the business under the name and style of M/s. Krishan Kumar Surinder Kumar. It was also alleged that the landlord had been receiving rent from the said firm and has, thus, accepted the said firm as his tenant. To the same effect was the stand of M/s. Krishan Kumar Surinder Kumar.

(3.) The learned Rent Controller found that the shop in question was given on rent to Budh Ram in his individual capacity and as he was not in occupation of the premises in dispute and had sublet the same to Krishan Kumar and Prem Kumar. Consequently, the order of ejectement was passed. In appeal, the learned Appellate Authority affirmed the said findings of the Rent Controller and thus, maintained the order of eviction passed in favour of the landlord. Dissatisfied with the same, tenant Budh Ram and his sub-tenants have come up in revision in this Court.