Judgment

Tarun Chatterjee, J. —

1.Leave granted.

2.This is an appeal by special leave against the Judgment and final Order dated 8th of February, 2006 of the High Court of Punjab & Haryana at Chandigarh in Civil Revision No. 4231 of 2004, whereby the High Court in the exercise of its revisional power had interfered with the findings of fact arrived at by the Appellate Authority which was the final authority on fact and set aside the Order of the Appellate Authority, Chandigarh dated 5th of August, 2004 directing the eviction of the respondent only on the ground of subletting, which affirmed the Order of eviction passed by the Rent Controller on a different ground namely, on the ground of sub-letting.

3.The appellants are father and son and the appellant No.1 (son) is the owner of a shop being Shop No. 142, Village Badheri, U.T. Chandigarh (hereinafter referred to as “the said shop”) on the basis of a family partition dated 26th of August, 1998 and the appellant No.2 is the landlord of the said shop. Prior to the family partition dated 26th of August, 1998 the father, namely, appellant No.2 was the owner and landlord of the said shop. Respondent Nos.1 and 2 are also father and son. The