JUDGMENT

VENKATARAMIAH, J.:— The Ist Respondent Om Parkash is the landlord of a building situated in Ferozpur Jhirka, District Gurgaon in. the State of Haryana. He had leased out the said premises in favour of one Musadi Lal for a commercial purpose. After Musadi Lal took the premises on lease he sublet the premises in favour of Med Ram - Respondent No. 2 without the written consent of the landlord Om Parkash. Thereupon Om Parkash filed a petition for eviction against Musadi Lal and Med Ram before the Rent Controller, under the provisions of the Haryana Urban (Control of Rent and Eviction) -Act, 1973 (Act No. 11 of 1973) (hereinafter referred to as the Act) on the ground, mentioned in Section 13(2)(ii)(a) of the Act which entitled the landlord to file a petition for eviction where the tenant had after the commencement of the Act without the written consent of the landlord transferred his right under the lease or sublet the building. Musadi Lal and Med Ram the tenant and the alleged sub-tenant respectively were impleaded as the respondents to the petition. During the pendency of the petition Musadi Lal died. Thereupon Bal Kishan, the appellant herein, filed an application before the