- (1.) This appeal by special leave is directed against the judgment and order dated 7th January, 2002, passed by the High Court of Punjab & Haryana at Chandigarh in Civil Revision No. 2250 of 1984 filed under Section 15 of the East Punjab Rent Restriction Act, 1949, (hereinafter called 'the 1949 Act'). By the said judgment, the High Court set aside the order dated 25th October, 1983, passed by the Appellate Authority and restored the order dated 13th August, 1983, passed by the Rent Controller dismissing the appellant-landlords' petition for eviction of the respondents under Section 13 of the 1949 Act. The facts relating to the filing of the eviction petition are set out in brief hereinbelow.
(2.) One Smt. Nirmal Kanta, wife of Shri T.R.Bhandari, filed the above-mentioned petition under Section 13 of the 1949 Act seeking ejectment of the respondents herein from the shop-room in question. Ejectment was sought on the ground that the tenant had not paid the rents for the tenanted shop-room from 2nd March, 1982, till 15th June, 1982, when the eviction petition was filed. It was also alleged that the conduct of the tenant was a constant nuisance not only to the landlord but also to the neighbours as well and that the landlord wanted to construct a first floor on the demised premises, which was being obstructed by the tenant. A separate ground as to creation of sub-tenancy was also pleaded along with some other grounds relating to installation of electric meter and an attempt being made by the tenant to establish his own title to the suit property. The Rent Controller dismissed the application on 13.8.1983 and against such order of dismissal of his petition the appellant filed an appeal before the Appellate Authority. The Appellate Authority allowed the appeal and set aside the order of the Rent Controller by its judgment dated 14th June, 1984. The tenant, the respondent No.1 herein, was directed to put the landlord/appellant in possession of the tenanted premises within three months. The respondent No.1/tenant filed Civil Revision No. 2250 of 1984 before the High Court against the order of the Appellate Authority and the same was allowed on the finding that by allowing a tailor, even on payment, to sit in a part of the shop-room with his sewing machine, while retaining his possession and rights as a tenant over the premises leased to him, the respondent No.1/tenant did not create a sub-lease and the tailor could at best be said to be a licensee. The High Court held that the appellant landlord had failed to discharge his burden that there was a sub-letting of the demised premises.
(3.) None of the other grounds appear to have been urged on behalf of the appellant-landlord before the High Court, which set aside the judgment of the Appellate Authority only on the ground of alleged sub-letting. It is against the said order of the High Court that the present Special Leave Petition has been filed.;