P.P. Naolekar, J. - (1.) Plaintiff non-petitioners filed a suit for ejectment. Originally the ground taken was that the tenant without the consent of the landlord has assigned the property in question. Later on by rejoinder it has been alleged that the tenant has sub-let the premises. That rejoinder was allowed to be taken on record by the trial court. Aggrieved by the said order this revision petition is filed.
(2.) It is submitted by the counsel for the petitioner that the ground taken in rejoinder of sub-letting of the premises is inconsistent with the ground taken in the plaint of assignment of the property. Section 13(1)(e) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 provides for the ground of ejectment of a tenant if tenant is assigned, sub-let or otherwise parted with the possession of, the whole or any part of the premises without the permission of the landlord. Thus under clause (e) of Section 13(1) of the Act landlord would be entitled to have the ejectment if he can prove that the tenant has assigned, sub-let or otherwise parted with the possession if the whole or part of the premises without permission of the landlord. The landlord can claim ejectment either on the ground of assignment, sub-letting or otherwise parting with the possession separately or he can ask for an ejectment on all the three grounds i.e. assignment, sub-letting or otherwise parting with the possession by the tenant and it is for the landlord to prove the fact either of assignment, sub-letting or otherwise parting with the to possession. When the landlord can claim ejectment on all the three grounds available under clause (e) of Section 13(1) of the Act, it cannot be said that the ejectment sought for on the ground of assignment or on the ground of sub-letting, are the pleas inconsistent to each other. That being the case, the trial court has not committed any error in allowing the rejoinder to be taken on record.
(3.) The revision petition is dismissed. However, there shall be no order as to costs. Revision dismissed.;