Harjit Singh Bedi, J.

1. Ram Lal son of Hardwari Lal, the landlord now represented by his legal representatives-the present respondents, instituted an application for ejectment of the tenant from the shop in question.

2. It is the case of the landlord-respondents that the shop had been given on rent to Dr. Mulakh Raj at the rate of Rs. 40/- per month under rent note dated July 12, 1979 and that Mulakh Raj had subsequently died and that his brother Karam Chand-respondent No. 1 in the petition had taken over the charge of the shop in his place. Respondent Nos. 3 to 7 are the legal representatives of Dr. Mulakh Raj also became tenants in the premises in dispute. Ram Lal also impleaded on be Prem Chand as respondent No. 2 in the ejectment application alleging that he was a sub tenant in the demised premises. Several pleas were taken up in the ejectment petition but the only which now survives is as to whether Dr. Mulakh Raj had sub-let the premises to Prem Chand, aforesaid.

3. The Rent Controller in his order dated May 06, 1983 held that from the evidence on record documentary as well as oral, it was clear that no sub tenancy had been created by Dr. Mulakh Raj in favour of Prem