- (1.) This is a revision directed against the order of the Appellate Authority, Sangrur, dated March 24, 1977. Briefly the case of Smt. Vidya Wati, petitioner in the eviction petition, is that she was the owner of the shop in dispute which was leased to Shanu Ram, respondent No. 1 at a monthly rent of Rs. 3 with effect from October 1, 1956, for a period of one year, vide rent note dated September 26, 1956. After the expiry of the period mentioned in the rent note, it is alleged Shanu Ram, respondent No. 1 became a statutory tenant. It is averred that the (Shanu Ram) sublet the shop without the consent of the petitioner in favour of Bir Bhan, respondent No.2 and Mukand Lal respondent No. 3. She consequently filed an application under Section 13 of the East Punjab Urban Rent Restriction Act for ejectment of the respondent inter alia on the ground the respondent No. 1 had sublet the shop to respondent Nos. 2 and 3.
(2.) The petition was contested by respondents Nos. 2 and 3 who pleaded that they were in possession of the shop at a monthly rent of Rs. 37 as tenant under the petitioner. They denied the allegation that respondent No.1 had sublet the shop to them. They further pleaded that in fact respondent Nos. 1 and 3 were the partners and were working under the name and style of Shanu Ram-Bir Bhan in the said shop. They had taken the shop on rent from Faqir Chand, husband of the petitioner. Faqir Chand, it is also averred, had been averred, had been realising the rent from M/s Shant Ram Bir Bhan. Later on in January, 1959, Shanu Ram, separated from the business and Bir Bhan and Mukund Lal, respondents continued doing it. It is then alleged that Faqir Chand has been receiving the rent from respondents Nos. 2 and 3 till his death in 1966.
(3.) The Rent Controller held that the petitioner had leased the shop to Shanu Ram, respondent No. 1, who sublet it to respondents Nos. 2 and consequently he ordered ejectment of the respondents. Bir Bhan and Mukand Lal respondents, went up in appeal before the Appellate Authority, who affirmed the judgment of the Rent Controller and dismissed the same. They have come up on revision to this Court. During the pendency of the appeal, Smt. Vidya Wati, and Shanu Ram, respondent No. 1 died, and their legal representatives were brought on the record.;