D.S.TEWATIA, J. - (1.) PETITIONER -landlord sought eviction of Rup Lal and Janak Raj son of Rup Lal and their sub-tenants namely Charan Das, Krishan Lal and Dwarka Das sons of Chuni Lal, inter alia, on the ground that Rup Lal and Janak Raj had sublet the premises to the other three respondents without permission of the landlord.
(2.) THE case set up on behalf of the sub-tenants was that they were not sub-tenants but were the direct tenants of the landlords as a result of an oral tenancy which came about when at their request the landlord reduced the rent from Rs. 50/- to Rs. 43/- in April 1960. The Rent Controller held that as per averment in the written statement of Rup Lal tenant, the premises had been sublet by him to respondents 3 to 5. The Rent Controller further held that sub-tenants had failed to establish direct tenancy and that the subletting had been without prior permission of the landlord in writing.
(3.) ON the basis of the said finding, the Rent Controller allowed the application and ordered the eviction of the respondents.;