Eviction - Subletting - It is a secret arrangement between the tenant and sub-tenant.

Hemant Gupta, J.

1. The challenge in the present revision petition is to the order of ejectment passed by the Courts below on the ground of sub-letting in favour of Ramesh Kumar.

2. Joga Singh respondent herein, has inducted one Madan Lal Rathi as tenant at the monthly rent of Rs.500/- somewhere in the year 1968. Earlier, an ejectment petition was filed on the ground of sub-letting alleged to one Shri Narinder Pal Singh and to Shri P. D. Rathi. The said ejectment petition was dismissed by the learned Rent Controller vide order dated 1.1.1981. The appeal was also dismissed. Subsequently, the land-lord sought ejectment of the petitioner on the ground of sub-letting inter-alia to Narinder Pal Singh, Shri P. D. Rathi and one Ramesh Kumar. The landlord has alleged sub-letting of one room situated behind the drawing room at first floor of House No.242, Sector 21-A, Chandigarh and that he has booked one gas cylinder with Bhatia Gas Agency on 29.3.1985. It is alleged that sub-letting is without the knowledge and consent of the landlord. In the written statement filed on behalf of respondent Nos.1 to 5 i. e. present petitioners, it was pleaded that Ramesh Kumar is distant relation and is a friend and he has given his gas connection to the respondent. It was pleaded that Ramesh Kumar was not having any gas cylinder in his residential house and it is the respondent who is having gas cylinder of the gas licensed by Ramesh Kumar.

3. In proof of sub-letting, the landlord has examined AW-2 Ajay Gupta, an employee of Bhatia Gas Company. He has deposed that Ramesh Kumar is getting refill the gas from the said Company from 10.9.1984. The original history card is produced as Exhibit A-1. He has proved the affidavit Exhibit A-2 and A-3 allegedly given by Ramesh Kumar and M. L. Rathi. AW-3 is Gian Chand who has brought the register containing form D-4 and application of Ramesh Kumar in D-1 form, Exhibit A-6. He has deposed that this application was verified by one M. L. Mahajan, Inspector Food and Supplies and on his recommendation, ration card No.12160 for 5 members was issued. The initial of M. L. Mahajan is identified as Exhibit A-6/a.

4. Apart from the said evidence, the landlord has examined his Attorney Ujjaggar Singh. To controvert the stand of the landlord, one Rakesh Chander son of Tulsi Ram, r/o Gali Purani, Sirsa, has been examined as RW-1, Krishan Lal Lakhotia as RW-2 and P. D. Rathi as R. W-3. The learned Counsel for the petitioners has vehemently argued that the landlord has not proved parting of any part of exclusive possession of the tenanted premises to the sub-tenant Ramesh Kumar. In the absence of such proof, the petitioners can not be ordered to be evicted on the ground of subletting.

5. However, I do not find any merit in the said argument. It is well settled that subletting is a secret arrangement between the tenant and the sub-tenant. The allegations of the landlord are clear and categorical to the effect that one room behind the drawing room was sub-let to Ramesh Kumar. To prove said fact, the landlord has relied upon the gas delivery vouchers exhibits A-1 to A-3 and application form for delivery of ration card exhibit A-6, apart from the affidavit exhibit A-4. The affidavit admits the possession of kitchen with Ramesh Kumar and that it has sufficient space to accommodate the second gas cylinder. There is another affidavit filed by Mr. M. L. Rathi, the original tenant, to the effect that he needs second cylinder and kitchen is available to accommodate the said cylinder. It means that M. L. Rathi and Ramesh Kumar have separate kitchens which can accommodate the second cylinder each. Such documents do prove that one Ramesh Kumar is in possession having a kitchen in his possession. One Rakesh Chander son of Tulsi Ram has been examined by the tenant. Said Rakesh Chander has deposed that he lived in Delhi upto 1965. Thereafter, he shifted from Delhi to Sirsa, but there was no gas agency at Sirsa at that time. Madan Lal w