A close relationship between a tenant and an occupant of the rented premises may negate the existence of a subletting arrangement.

Rajendra Nath Mittal, J.

1. This revision petition has been filed by nanak Chand tenant against the judgment of the Appellate Authority, Amritsar, dated 18th December, 1975, affirming the judgment of the Rent Controller by which he has been ordered to be evicted.

2. Briefly, the case of Sansar Chand landlord is that he gave two quarters bearing Nos. 20 and 21 in Basson Building, Chowk Putlighar, Amritsar, to Nanak Chand tenant on a monthly rent of Rs. 12/-. He inter alia pleaded that the latter had sublet one quarter to Bua Ditta respondent No. 2 without his consent or permission. He also took other grounds for ejectment but they do not servive in the revision petition. The tenant contested the application for ejectment and controverted the allegations of the landlord. He denied that he had sublet one of the quarters to respondent No. 2.

3. The Rent Controller held that the tenant had sublet one quarter to respondent No. 2 without the consent of the landlord. Consequently, he ordered the ejectment of the respondents. On appeal by the tenant, the Appellate Authority affirmed the finding of the Rent Controller and dismissed it. He has come up in revision against that order to this Court.

4. The only question that arises for determination is whether the tenant had sublet quarter No. 21 to Bua Ditta. Before dealing with the oral evidence of the witness, it may be mentioned that the two quarters consist of one room and one verandah each and a common courtyard. Neither of them has any kitchen bath-room or latrine.

5. The case of the petitioner is that Bue Ditta respondent No. 2 is his sisters husband and is suffering from Chambal which is eczema of chronic type. He is living in quarter No. 21 for the last more than 28 years. In order to prove the aforesaid allegations, the petitioner has produced six witnesses besides appearing himself as a witness. Gurdas Mal R.W. 2 stated that respondent No. 2 was the tenants sisters husband and was living with him. They had a joint mess. Bua Ditta was suffering from Chamba Land was unable to do any work. He was being supported by Nanak Chand. He was not cross-examined that Bue Ditta did not have a joint mess with Nanak Chand. That shows that part of statement has been accepted by the landlord. Narinder/Ravinder Singh R.W. 3. Kirpal Singh R.W. 4 and Ravinder Nath R.W. 5 supported Gurdas Mal R.W. 2. Revinder Nath R. W. 5 is a tenant in the same building for the last about 20 years. His statement was recorded on 18th April, 1973. He further stated that the had been seeing Nanak Chand and Bua Ditta living together since his arrival in the building. No question was put to him in cross-examination regarding the period since when Bue Ditta was living with the tenant. That means that the landlord also admits that part of the statement.

6. Bua Ditta respondent No. 2 appears as his own witness and stated that Viran Devi sister of Nanak Chand was married to him. They had a joint residence in the quarters and had a joint mess. The whole of his family was dependent on Nanak Chand. He was suffering from the disease and was unable to do any work. His son Sat Pal was employed in the Railways at Ludhiana and was paying about Rs. 100/- P.M. to Nanak Chand who was working in a power loom factory and was selling Kulfa during the evening time on a Rehri. The whole of the rent of the demised premises was paid by Nanak Chand and he never paid anything to Nanak Chand either as rent or for maintaining his family. In cross-examination, a question was put to him that he was not maintained by Nanak Chand but by his two sons. From the question it is evident that it is not disputed even by the landlord that Bua Ditta is not doing any work. That appears to be on account of the disease from which he has been suffering. He plainly admitted that one of his sons was working in the Railways at Ludhiana and from out of his salary, he was sending about Rs. 100/- per month to Nanak Chand and was maintaining himself. He categor