R.L.ANAND, J. - (1.) THIS is a Civil Revision No. 2548 of 1982 filed by Balbir Singh son of Shri Kirpa Singh against Mohinder Singh Ahluwalia and Sajjan Singh, Advocate, and it has been directed against the order dated 8.6.1982, passed by the appellate authority, Patiala, who, allowed the appeal of Shri Sajjan Singh, Advocate, under Section 15 of the East Punjab Urban Rent Restriction Act and dismissed the petition under Section 13 of the said Act filed by Shri Balbir Singh against Shri Mohinder Singh Ahluwalia and Shri Sajjan Singh.
(2.) DURING the pendency of this revision, Shri Balbir Singh has also expired on 20.1.1997. Though an application was made on behalf of the respondents for the abatement of the revision but by virtue of the amendment brought under Order 22 by the High Court, this revision survives and it will be examined whether the order of the appellate authority is justified or not. Brief facts of the case are that Shri Balbir deceased filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act against Shri Mohinder Singh Ahluwalia and Sajjan Singh on 21.4.1973 and it was alleged by Shri Balbir Singh deceased that Mohinder Singh Ahluwalia, respondent No. 1, took the premises i.e. House No. 1612/1, situated at Purana Gadda Khanna, Patiala on a monthly rent of Rs. 130/- and Mohinder Singh Ahluwalia also executed a rent note dated 1.2.1973. It was also alleged by Shri Balbir Singh that respondent No. 1 paid rent up to June 1973 but he is in arrears of rent amounting to Rs. 2730/- w.e.f. 1.7.1973 to 31.3.1975. It was also alleged by the petitioner that respondent No. 1, Shri Mohinder Singh Ahluwalia, has sublet the premises to respondent No. 2 Shri Sajjan Singh without his consent. Before filing the ejectment application notice under Section 106 of the Transfer of Property Act, was given. Thus, the ejectment of respondents No. 1 and 2 was sought on the grounds of the non-payment of rent and sub-letting.
(3.) NOTICE of the Rent petition was given to the respondents. Shri Mohinder Singh Ahluwalia, respondent No. 1, filed the written statement contending that he was not in arrears of rent. He admitted the relationship of landlord and tenant but denied the factum of the sub-tenancy. Rather he stated that Shri Sajjan Singh is in possession of premises with the consent of Shri Balbir Singh.;