GULJARI LAL Vs. LAL CHAND

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Appellate Authority, Ferozepur, dated March 3, 1978, whereby the order passed by the Rent Controller directing the eviction of the petitioner from the premises, in question, was affirmed in appeal.

(2.) LAL Chand, Landlord, sought the ejectment of the tenant Chuni Lal, from the shop, in dispute, inter alia on the ground that he had sublet the same to Gulzari Lal, petitioner. He rented out the premises to Chuni Lal in the year 1956 at a monthly rent of Rs. 15 who executed the rent note (kabuliat) accepting the tenancy. Thereafter, he again executed separate rent notes at different intervals, i.e. on March 7, 1958 ; January 8, 1961 and November 8, 1967. The rent was also enhanced to Rs. 20 per month. Some time in the year 1968-69, Chuni Lal sublet the premises to Gulzari Lal, petitioner. The eviction petition was contested on behalf of both the tenant Chuni Lal, and Gulzari Lal, petitioner, by filing separate written statements. According to Guljari Lal, petitioner, he was a direct tenant under the landlord, and Chuni Lal respondent had nothing to do with premises, in dispute. He was merely to act as a surety. The learned Rent Controller found that it was Chuni Lal who was inducted as a tenant by the landlord in the year 1956 on the demised premises and that later on he vacated and sublet the same to Gulzari Lal, petitioner, who happened to be his near relation. Thus, it was a clear case of sub-letting as the said act was committed by Chuni Lal without the written consent of the landlord. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and, thus maintained the eviction order. Dissatisfied with the same the petitioner has come up in revision to this Court.

(3.) AFTER hearing the learned counsel for the parties and going through the relevant evidence on the record, I do not find any merit in this petition.