JUDGEMENT
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(1.) The revision petition is at the instance of the landlord
challenging the correctness of the order passed by the appellate
authority dismissing his petition for eviction. The only point urged
before me by the counsel is a reconsideration of the finding as
regards the alleged sub-letting said to have been done by the first
respondent without written authority from the landlord.
(2.) Two contentions which were taken at the trial Court and
the appellate Court were: (1) the respondents 2 to 6, who were said
to be the sub-tenants, had not been examined in Court. (ii) The
second contention was that the tenant, who contended that he was
running a jewellary shop, had not shown any wages as having been
paid to respondents 2 to 6 through any wage register or he had not
even shown the wages alleged to have been paid in the income tax
returns which were summoned to the Court below.
(3.) The appellate Court rejected this contention and held
that even the petitioner's witness had admitted that the tenant
continued in the premises but he was contending that the other
persons were his own employees doing some menial work on work
charge basis. The appellate authority observed that the nature of
business in jewellary was such that he could have engaged persons
in the shop and they must be treated as licensees and they could not
be taken as sub-tenants.;
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