SARDARI LAL Vs. HARI KISHAN

JUDGEMENT

(1.) The present revision petition has been filed by Sardari Lal and others, hereinafter described as "the petitioners", directed against the judgment of the Appellate Authority, Amritsar, dated 5.9.1981. By virtue for the impugned judgment, learned Appellate Authority had set aside the order of the learned Rent Controller, Amritsar dated 8.9.1979 and instead dismissed the application for eviction.

(2.) The relevant facts are that the petitioners have filed an eviction petition against the respondents with respect to the property in question. The ground pertaining to non-payment of rent did not survive after the arrears had been paid. The other ground of eviction pressed which require consideration was that, as per petitioners, Hari Kishan was a tenant in the property in dispute. He was alleged to have ceased to occupy the demised premises for a continuous period of four months prior to filing of the ejectment petition and that the respondent-tenant had started working as a washerman in OCM Mills, and had sublet the premises to one Nathu Ram, his brother.

(3.) The petition for eviction was contested, it was denied that the property had been sublet or that the respondent-tenant had ceased to occupy the suit premises. The respondent-tenant's version was that he is in occupation of the property and his brother Nathu Ram was only assisting him in the business.