J.S. Narang, J. - (1.) THE Petitioner i.e. Godrej & Boyce Mfg. Company Limited (hereinafter referred to as 'tenant') was inducted as a tenant into the premises describable as First and Second Floors of Shop -cum -Office Nos. 123 -124, Sector 17 -C, Chandigarh, w.e.f. July 15, 1980 at monthly tenancy of Rs. 6000/ - exclusive of water and electricity charges. The rent of the demised premises was enhanced from time to time.
(2.) THE landlord filed a petition under Section 13(2) (ii) (a) of the East Punjab Urban Rent Restriction Act, 1949. as applicable to the Union Territory, Chandigarh, for seeking eviction of the tenant from demised premises on the ground that the tenant sub -let the portion of the demised premises to M/s Godrej GE Appliances Ltd. (hereinafter referred to as 'sub -tenant'). The petition was contested by the tenant as also by the sub -tenant. Upon the pleadings of the parties issues were framed and the primary issue i.e. Issue No. 1 reads as under: - (1) Whether the Respondent No. 1 has sublet the portion to Respondent No. 2? OPP
(3.) IT is the case of the landlord that a lease deed dated July 15, 1980, Ex. P/5 was executed with the tenant. After the expiry of the prescribed period in the aforesaid lease deed, subsequently another lease deed was executed in July, 1990 and the demised premises were agreed to be let -out for a further period of five years commencing form July 15, 1990 to July 14. 1995. It may be noticed here that this lease deed was not got registered though it was required to be registered compulsorily under the provisions of Registration Act, 1908. It is the admitted case that the sub -tenant is a Limited Company which was incorporated on 25.2.1993 and the tenant holds 60% shares in the sub -tenant and 40% held by General Electrical Company (a foreign company). The sub -tenant took over the business of manufacturing "Refrigerators" at Mohali and started selling the same itself against the sales tax number obtained accordingly. The sub -tenant housed itself in the demised premises and started functioning and commenced its business therefrom.;