T. R. Handa, J,—In this revision petition filed under section 15 (5) of the East Punjab Urban Rent Restriction Act (Act No. Ill of 1949) (hereinafter called the Act), the petitioner landlord has called in question the order, dated 11-3-1976 recorded by the District Judge, Simla, exercising the power of Appellate Authority under the Act vide which the learned District Judge affirmed the order of the Rent Controller, dated 18-7-1973 dismissing the petition filed by the petitioner seeking ejectment of the respondents from the premises known as shop No, 37/1. The Mall, Simla, under the tenancy of respondent No. 1.

2. Shri Basta Singh, respondent No. 1, is admittedly the tenant of the shop in question under the petitioner. The petitioner brought an action for ejectment of the respondents in respect of the said shop on the solitary ground that respondent No. 1 has sublet or otherwise transferred his rights under the lease in respect of the demised shop in favour of respondent No. 2.

3. The counter plea of the respondents was that respondent No. 1 had entered into a partnership with Shri Surjan Singh, the father of respondent No. 2, and it was the business of this partnership which