PRAKASH KRISHNA,J. - (1.) SCC suit No. 5 of 1988 was filed by Jahir Ahmad opposite party No. 1 herein for recovery of Rs. 6,380/- as rent and damages and her ejectment on the allegations that she is the tenant of the disputed accommodation on monthly rent of Rs. 300/- and is in arrears of rent from 1-3-1987, her tenancy has been terminated by a notice. She has sublet the disputed accommodation.
(2.) THE suit was contested by denying the rate of rent and it was stated that rate of rent was Rs. 40/- per month and she is not a defaulter. On the basis of the pleadings of the parties, five issues were framed by the trial court. The trial court has found that the rate of rent is Rs. 40/- per month, the defence of the present applicant defendant is not liable to be struck off under Order 15 Rule 5 CPC and that she is not a defaulter. However, under issue No. 4, relating to the subletting of the premises to Asfaq Ahmad, it was found that the defendant applicant is liable for eviction on the ground of subletting. The suit was decreed by judgment and decree dated 1-5-1992 for recovery of Rs. 144/- as arrears of rent, Rs. 27-60 for damages and for ejectment. Challenging the aforesaid decree, the present revision has been filed. Sri C.K. Rai, learned counsel for the applicant submits that the finding recorded by the court below on the question of subletting is legally unsustainable. He submits that there is no evidence in support of the finding of the trial court that the alleged sub tenant has ever paid any rent to the tenant i.e. the defendant applicant. Sri Pranav Ojha, the learned counsel for the opposite party, on the other hand, supports the impugned order.
(3.) CONSIDERED the respective submissions of the learned counsel for the parties and perused the record.;