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2017 Supreme(P&H) 245

G.S.SANDHAWALIA
Balwant Singh Narang – Appellant
Versus
Saroj Gupta – Respondent


Advocates Appeared:
For the Petitioner:Mr.Vikas Behl, Sr.Advocate with Mr.Nitish Garg, Advocate.
For the Respondent:Mr.Puneet Jindal, Sr.Advocate, with Mr.Varun Goyal, Advocate.

JUDGMENT :

G.S. SANDHAWALIA , J.

1. The present revision petition is directed against the concurrent findings recorded by the Rent Controller, Ludhiana and the Appellate Authority on 12.10.2010 and 13.09.2012, respectively, whereby eviction has been ordered on the ground that the property had been sublet to Harinder Singh Narang, by his father, Balwant Singh Narang, petitioner No.1 herein, who was the tenant without the consent of the landlord. A finding was recorded that the tenant had stopped carrying any business and he had delivered possession of the demised premises to his son and therefore, had no knowledge of the business in the firm and was a total stranger. The partnership deed which had been set up in defence (Ex.R2) was a mere sham transaction in the absence of any income tax returns and accounts books and sales tax returns having been produced. On issue No.4, regarding the estoppel by the landlord, it was held that this issue had not been pressed and therefore, it was decided against the tenants.

2. When the matter was carried to the Appellate Authority, it went on to hold that subletting being a secret arrangement between the tenant and the sub-tenant and especially when












































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