DWARKA DASS Vs. PUNJAB HANDLOOM WEAVERS CO-OP, SOCIETY LTD
LAWS(P&H)-2008-8-12
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 27,2008

DWARKA DASS Appellant
VERSUS
Punjab Handloom Weavers Co-Op, Society Ltd Respondents

JUDGEMENT

VINOD K.SHARMA, J. - (1.) PRESENT revision petition is directed against the order passed by the learned Rent Controller as affirmed by the learned Appellate Authority dismissing the petition filed by the petitioner under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act).
(2.) THE petitioner landlord rented out the premises to Punjab Handloom Weavers Co-operative Society Limited (for short the Society), Jalandhar, vide rent note dated 10.8.1958 on monthly rent of Rs. 45/-. The petitioner had claimed the eviction on the ground of non-payment of rent as well as material impairment as also on the ground of sub-letting. On notice having been issued the demanded rent was paid and accordingly the ground of non-payment of rent ceased to exist. Learned courts below did not find that there was any material alteration in the premises and consequently, rejected the said ground. The plea of the petitioner that the tenant has sublet the premises in dispute also did not find favour with the authorities under the Rent Act and consequently the petition has been ordered to be dismissed.
(3.) LEARNED counsel for the petitioner has challenged the findings recorded by the learned courts below primarily on the ground that in the present case status of respondents No. 1 and 2 was quite different and there being separate and distinct legal entity handing over the possession by respondent No. 1 to respondent No. 2. amounted to subletting.;


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