S.S.Nijjar, J.

1. This revision petition has been admitted to D.B. as there is a conflict of opinion expressed in different Single Bench judgments of this Court, on a question of law. The question of law can be stated as follows :-

"Does the ground of subletting, without the written consent of the landlord, survive for seeking eviction of the sub-tenant on the death of the original tenant, during the pendency of the eviction proceedings ?"

2. We may notice the relevant facts to illustrate how the question of law involved in this revision petition arises.

3. One Sudhir Kumar, the original landlord filed Rent Petition No. 95 of 11.9.1982 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Rent Act"), for ejectment of Khushi Ram and Murari Lal from the portion of property No. B.IV-448, Chhota Dal Bazar, Ludhiana consisting of six rooms, two bath rooms, open terrace with open space in front of room on first floor and a Barsati and now converted into a room of two portions and terrace in front of on the second floor alongwith right; to use staircase as shown red in the plan attached and bounded as under :-

North : Dal Bazar

South