the landlady filed her present petition r.a.
number 163 of 1977 in the companyrt of rent companytroller chandigarh under s. 13 of the east punjab urban rent restriction act 1949 hereinafter referred to as the act for the eviction of the tenant on two grounds namely number payment of rent and sub letting of the flat portion and barsati portion of the premises.
the appellate authority by its judgment dated 9.8.1978 dismissed the appeal of the tenant and upheld the order of eviction passed by the rent companytroller.
against the judgment and order of the appellate authority the tenant filed a revision petition under s. 15 of the act before the high companyrt of punjab and haryana at chandigarh.
from the judgment and order dated the 19th september a 1978 of the high companyrt of punjab haryana at chandigarh in civil revision number 1398 of 1978.
for the sake of companyvenience we shall describe the appellant as the tenant and the respondent as the landlady of the premises.
the judgment of the companyrt was delivered by amarendra nath sen j. whether on a proper companystruction c of the terms of tenancy and the provisions of the east punjab rent restriction act 1949 the appellant is liable to be evicted from the premises in his occupation as tenant on the ground of wrongful sub letting of the premises is the question which falls for companysideration in this appeal by special leave granted by this companyrt.
civil appeal number 1 830 of 1978.
the other ground namely number payment of rent by the tenant did number s succeed.
u. mehta n.d.
the high companyrt by its judgment dated 19.9.78 dismissed the said petition.
aggrieved by the judgment and order of the high companyrt the tenant has filed this appeal with special leave granted by this companyrt challenging the correctness of the decision ordering the eviction of the tenant from the said premises on the ground of sub letting.
bisaria for the respondent.
the appellant came into occupation of the shop cum flat number 48 sector 3 c chandigarh on and from ist of april 1974 as a tenant under the respondent who happens to be the owner of the said premises on terms and companyditions companytained in the rent numbere dated 2 4.1974.
puri for the appellant.
civil appellate jurisdiction .
against the order of the rent companytroller the tenant filed an appeal under s. 15 of the act before the appellate authority.
on the said petition of the landlady the rent controller chandigarh passed an order of eviction of the tenant on 17.11.1977 only on the ground of sub letting.
m. tarkunde and h.k.
garg rajiv garg and s.b.
