VINEY MITTAL,J - (1.) THE present petition has been filed by the unsuccessful landlady, who filed an ejectment petition on the ground of sub-letting. The aforesaid ejectment petition was allowed by the Rent Controller, but on an appeal by the respondents, the Appellate Court set aside the judgment of the Rent Controller and consequently dismissed the ejectment petition.
(2.) THE landlady claimed that the shop in question had been let out to Hira Lal at a monthly rent of Rs. 600/- with effect from July 1, 1979 till June 1, 1980. The said shop had been let out for the purposes of running Halwai business and for running a General Store. It was claimed that the tenant Hira Lal had failed to pay the rent with effect from March, 1985 till April 30, 1985. It was also claimed that Hira Lal had transferred his rights under the lease in the shop in question to respondent Nos. 2 and 3 i.e. Meera Devi widow of Lal Chand (a pre-deceased son of Hira Lal) and Madan Chaudhari son of Hira Lal, who were running the business independently since October 2, 1979. The landlady alleged that the aforesaid fact had come to her notice only two months back and, therefore, the ejectment petition was filed. It was also claimed that respondent Nos. 2 and 3 were running the business of General Store in the shop in question, whereas, Hira Lal had permanently shifted his business of Halwai to another shop situated near Arogya Mandir Street and was running the same under the name and style of Sindhi Sweet. It was alleged that the aforesaid shop had been sub-let by Hira Lal to his daughter-in-law and son illegally and without any written consent of the landlady. The aforesaid ejectment petition was contested by the respondents. It was claimed that Madan Chaudhari alias Madhu is the son of Hira Lal, whereas, Smt. Meera Devi is widowed daughter-in-law being the widow of Lal Chand, a pre- deceased son of Hira Lal. It was specifically pleaded that all of them are members of one family and the business is being carried on in the shop in question as earlier. It was also stated that the other shop is also being run by Hira Lal. A specific plea was raised in the written statement by the respondents that the disputed shop had been with the respondents and other members of the family and earlier the business was managed by Lal Chand who was the elder son of Hira Lal. After his death, the management was being done by Hira Lal, who was carrying on the shop of confectionery and General Store in the disputed shop and business of Halwai in the other shop. The factum of any sub-letting was specifically denied.
(3.) THE learned Rent Controller allowed the ejectment petition filed by the landlady and ordered the ejectment of the tenant.;