Rajendra Nath Mittal, J. - (1.) THIS revision petition has been filed by Gauri Shankar, tenant and Madan Lal, subtenant, against the order of the Appellate Authority dated 22nd September, 1977 ordering their ejectment on the ground of tub tenancy.
(2.) BRIEFLY , the facts are that Gopal Krishan, landlord gave the shop on lease for a period of one year to Gauri Shankar on an annual rent of Rs. 875/ - on 10th September, 1963 vide rent note, Exhibit A -5. It is alleged that subsequently Gauri Shankar sublet the premises to Mohan Lal, sub -tenant who was carrying on the business of selling cloth in that shop, without the consent of the landlord Consequently he prayed that the order of ejectment be passed against them. The petition was contested by the Respondents who, inter alia, pleaded that they constituted a Joint Hindu Family and the business carried on in the shop was a Joint Hindu Family business. It was further pleaded that Gauri Shankar took the shop on behalf of the Joint Hindu Family for its business. The business was being run in the name of Madan Lal Rajesh Kumar Madan Lal was the father and Rajesh Kumar was the son of Gauri Shankar.
(3.) THE learned Rent Controller held that the subletting was not proved and that the application was filed mala fide. Consequently he dismissed the application for ejectment. The landlord went up in appeal. The Appellate Authority reversed the finding of the Rent Controller and held that the shop was sublet by Gauri Shankar to Madan Lal. It, however, did not record any finding that the application was filed mala fids. The tenant and sub -tenant have come up in revision to this Court.;