S.N.AGGARWAL, J. - (1.) JAGAN Nath, respondent No. 1 and Ram Dass (predecessor-in-interest of respondent Nos. 3 to 7) were the owners of plot measuring 85' x 80' situated within the Municipal limits, Dasuya. They leased out the same in favour of Burmah-Shell Oil Storage & Distributing Company of India Limited (predecessor-in-interest of the petitioner) vide lease deed dated 29.1.1968 for a period of ten years commencing with effect from 1.8.1967 to 31.7.1977 on the monthly rent of Rs. 50/-. It was renewable. Jagan Nath, respondent No. 1, one of the landlords filed ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act (in short the Rent Act) on 22.1.1980 against the petitioner and respondent No. 2 for ejectment on the ground of non-payment of arrears of rent and subletting.
(2.) THE petitioner and respondent No. 2 filed a joint written reply. The date of lease deed and the period of tenancy were admitted. The arrears of rent were tendered on the first date of hearing. Sub-tenancy was denied on the plea that overall control and legal possession remains with the petitioner. Respondent No. 2 M/s. Lachhman Dass Subhash Chander were merely licensees of the petitioner. The business was being run by the petitioner. It was pleaded that as per clause 5 of the agreement dated 29.1.1968, there was written consent by the landlord-respondent for subletting. Hence, dismissal of ejectment petition was prayed. Issues were framed.
(3.) THE parties led the evidence.;