Bhopinder Singh Dhillon, J.

1. This is a tenants petition challenging the order of the appellate authority, dated 28th July 1973, whereby the petitioner had been ordered to be evicted from the shop in question. Rulia Ram, landlord-respondent, had filed an application for eviction of the petitioner and Om Parkash on the ground of subletting and non-payment of rent. He averred that the shop in question was rented out to Om Parkash at a monthly rent of Rs. 30/- as per rent-note dated 18th June, 1962. At the time of the execution of the rent-note, one years rent was paid by Om Parkash. Two three months later, Om Parkash sublet the shop to Jagdish Chander, petitioner, who started his business of a cycle merchant under the name of "Madhok Cycle Store", in this shop. This subletting was done without the consent of the landlord. In the beginning, the landlord was under the impression that Jagdish Chander was employed with Om Parkash, but later on he came to know that Om Parkash had sublet the shop. He served Om Parkash with a notice dated 18th June, 1967, requiring him to vacate the shop in dispute.

2. The ejectment application was resisted on behalf of Om Parkash and Jagdish Chand