- (1.) The challenge in the present revision petition is to the order of ejectment passed by the Courts below on the ground of sub-letting in favour of Ramesh Kumar.
(2.) Joga Singh respondent herein, has inducted one Madan Lal Rathi as tenant at the monthly rent of Rs. 500/- somewhere in the year 1968. Earlier, an ejectment petition was filed on the ground of sub-letting alleged to one Shri Narinder Pal Singh and to Shri P.D.Rathi. The said ejectment petition was dismissed by the learned Rent Controller vide order dated 1.1.1981. The appeal was also dismissed. Subsequently, the land-lord sought ejectment of the petitioner on the ground of sub-letting inter-alia to Narinder Pal Singh, Shri P.D.Rathi and one Ramesh Kumar. The landlord has alleged sub-letting of one room situated behind the drawing room at first floor of House No. 242, Sector 21-A, Chandigarh and that he has booked one gas cylinder with Bhatia Gas Agency on 29.3.1985. It is alleged that sub-letting is without the knowledge and consent of the landlord. In the written statement filed on behalf of respondent Nos. 1 to 5 i.e. present petitioners, it was pleaded that Ramesh Kumar is distant relation and is a friend and he has given his gas connection to the respondent. It was pleaded that Ramesh Kumar was not having any gas cylinder in his residential house and it is the respondent who is having gas cylinder of the gas licensed by Ramesh Kumar.
(3.) In proof of sub-letting, the landlord has examined AW-2 Ajay Gupta, an employee of Bhatia Gas Company. He has deposed that Ramesh Kumar is getting refill the gas from the said Company from 10.9.1984. The original history card is produced as Exhibit A-1. He has proved the affidavit Exhibit A-2 and A-3 allegedly given by Ramesh Kumar and M.L. Rathi. AW-3 is Gian Chand who has brought the register containing form D-4 and application of Ramesh Kumar in D-1 form, Exhibit A-6. He has deposed that this application was verified by one M.L.Mahajan, Inspector Food and Supplies and on his recommendation, ration card No. 12160 for 5 members was issued. The initial of M.L.Mahajan is identified as Exhibit A-6/A.;