A contractual tenant, authorized to sublet the tenanted premises situated within the area governed by the provisions of the East Punjab Urban Rent Restriction Act, can sublet it after the expiry of the period of lease without the written consent of the landlord.

Rajendra Nath Mittal, J.

1. This revision has been filed by the tenant/sub-tenants against the order of the Appellate Authority, Hoshiarpur, dated 26th July, 1983, affirming the order of the learned Rent Controller by which they were ordered to be ejected.

2. Briefly, the facts are that the land in dispute was a vacant site. Shivdev Singh, one of the owners, gave it on lease to Dalip Chand (hereinafter referred to as tenant) vide lease deed dated 7th September, 1949, for a period of 20 years commencing from 10th September, 1949, on payment of rent at the rate of Rs. 12.50 per month. In the lease deed, it was provided that the lessee could raise super-structure on the site at his expense and sub lease could raise super-structure provided therein that he could remove the material of hte super-structure after the expiry of the period of lease or could sell the same to owners at a reasonable price. In 1954-55, consolidation proceedings took place in the village and the property in dispute and some other property fell to the share of the applicants and their brother Devinder Singh. They got their shares separated and Devinder Singh, sold his share. It is alleged that Dalip Chand thus became a tenant under the applicants on the property. He after the expiry of the period of lease continued in the premises as a statutory tenant. It is alleged that he sub-let the property to respondents Nos. 2 to 5 (hereinafter referred to as sub-tenants) after the expiry of the lease period. It is further alleged that after the expiry of the lease, the premises could not be sub-let by the tenant without the written permission of the applicants and consequently they are liable to ejectment. Some other pleas were also taken by the applicants but they do not survive in the revision petition.

3. The tenant contested the petition and inter alia pleaded that he had the right to sub-let the property according to the terms of the lease deed, even after the expiry of the period of lease. The parties were governed by the same terms and conditions and therefore, he was entitled to sub-let the property without the written consent of the landlord after the expiry of the period of lease. He also pleaded that the sub-tenants were inducted prior to the expiry of the period of lease Respondent Nos. 2 to 5 also resisted the application on similar grounds.

4. The Rent Controller held that Darshan Lal and Tarsem Lal were inducted as sub-tenants by the tenant after the expiry of the period of lease which could not be done by him without the written consent of the applicants. Consequently, he ordered ejectment of the tenant and sub-tenants. In appeal, the appellate authority affirmed the said order. They have come up in revision to this Court.

5. The question that arises for determination is whether a contractual tenants, authorised to sublet the tenanted premises situated within the area governed by the provisions of the East Punjab Urban Rent Restriction Act, can sublet it after the expiry of the period of lease without the written consent of the landlord.

6. Mr, Gill has strenuously argued that the terms of the lease by which the tenant was governed will apply to the parties even after the expiry of the period of lease. Consequently the tenant could sublet the property to the sub-tenants even after the expiry of the period of lease. In support of his contention he places reliance on Ujagar Singh v. Prem Kumar (1986) PLR 509 1986 (2) RCR 27 and Ratanlal Chandi Prasad Jalan and others v. Raniram Darkhan and others 1986 (1) RCR 449.

7. On the other hand the learned counsel for the respondents submits that after the expiry of the period of lease the tenant becomes a statutory tenant and he is governed by the provisions of the Rent Act. If there is a clause in the rent deed authorising him to sublet the property that clause is not applicable after he becomes a statutory tenant. Thus the tenant could not sublet the property after the expiry of the period of lease. To