V.S.AGGARWAL,J - (1.) THE present revision petition has been filed by Muni Lal and others (hereinafter described as "the petitioners") directed against the judgment of the learned Appellate Authority, Jalandhar, dated 14.9.1981. The learned Appellate Authority had set aside the order passed by the learned Rent Controller, Jalandhar, dated 27.11.1979 and instead dismissed the eviction petition filed by the petitioners.
(2.) THE relevant facts are that the petitioners claimed eviction of the respondents with respect to the property in dispute. The grounds of eviction which fell for consideration for the purpose of the present revision petition are that, as per petitioners, respondent No. 1 was a tenant in the shop in dispute. He is alleged to have sublet the same to respondents No. 2 and 3 i.e. Hans Raj and Jagdish Chander without the written permission of the landlords. It had further been asserted that the shop in dispute is unfit and unsafe for human habitation and that the petitioners want to reconstruct it after demolishing the same. They also intend to construct residential accommodation on the first floor. Needless to state, that the petition for eviction was contested. It was denied that the property had been sublet to respondents No. 2 and 3. Respondents No. 2 and 3 were stated to be the real brothers of respondent No. 1. They formed a Joint Hindu Family to the full knowledge of the petitioners. It was asserted that they were running the cloth business in the suit premises. It was denied that the condition of the shop is such that it is not fit for human habitation. It was even denied that the petitioners intend to set up construction on the first floor.
(3.) THE learned Rent Controller who recorded the evidence concluded that it is not shown that respondents No. 2 and 3 were carrying on the business with respondent No. 1. It was held accordingly that inference of subletting can be drawn. It was further held that the property has become unfit and unsafe for human habitation. An order of eviction on both the grounds was passed.;