- (1.) This is a revision petition filed by Lal Chand and Baldev against the order of the Appellate Authority, Ludhiana, dated July 18, 1974.
(2.) Briefly, the facts are that Ajmer Singh, landlord gave the property on rent to Lal Chand on a monthly rent of Rs. 20/- vide rent note dated March 10, 1967. It is stated that he tenant sublet the premises to Baldev without written consent of the landlord. It is further alleged by the landlord that the tenant had not paid the arrears of rent. Consequently he filed an application for rejectment. The application was contested by Baldev sub-tenant also stated that he was a partner of Lal Chand and not sub-tenant under him. He also stated that he was ready and willing to pay appears of rent in accordance with the provisions of Section 13 of the East Punjab Urban Rent Restriction Act, 1949. Some other pleas were also taken by him but these are not relevant for the purposes of the present revision petition. Lal Chand filed separate written statement wherein he admitted that he had sublet the premises to Baldev. Later, he filed an application for amendment of the written statement wherein he stated that in fact Baldev was his partner and that he did not sub-let the premises. He consequently requested that he may be allowed to amend the written statement. the amendment of the written statement was disallowed by the learned Rent Controller.
(3.) On the first date of hearing, Baldev tendered the arrears of rent but the same were not accepted on the ground that Baldev was not a tenant. The learned Rent Controller came to the conclusion that Lal Chand had sublet the premises to Baldev without his written consent. H further held that Baldev had no right to tender the rent to the landlord on the first date of hearing. Consequently, he ordered his ejectment. Lal Chand and Baldev both went upon appeal before the Appellant Authority, Ludhiana, who affirmed the judgment of the Rent Controller and dismissed the same. They have no come up on revision against that order to this Court. I may be mentioned that during the pendency of the revision petition, Ajmer Singh respondent died and his legal representative has been brought on the record.;