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1995 Supreme(P&H) 1403

V.K.JHANJI
Santosh Devi – Appellant
Versus
Vir Chand – Respondent


JudgmentJudgment

V.K.Jhanji, J.

1. This is tenants revision petition directed against the order of the appellate Authority whereby the tenants have been ordered to be ejected from the shop in dispute on the ground of sub-letting.

2. Landlord, Vir Chand (respondent herein) filed a petition Under Section 13 of the East Punjab Urban and Restriction Act (in short the Act) against Hakam Rai and Mohinder Pal sons of Ram Gopal seeking their ejectment from the shop in dispute inter-alia on the grounds that the tenants are in arrears of rent; have impaired the value and utility of the premises by making material alterations; have changed the user of the building by selling sweets and tea, and have sub-let the premises to Ramesh Kumar, their brother. The trial Court dismissed the ejectment petition. However, the appeals of the landlord has been allowed by the appellate Authority and in consequence thereof order of ejectment has been passed against the petitioner-tenants on the ground of sub- letting. Appellate Authority on the appreciation of evidence on record has returned the finding that Ramesh Kumar is in exclusive possession of the shop wherein he is selling tea and sweets and the tenant






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