he looked into the evidence and came to hold the evidence of the plaintiff was number at all sufficient to shift the burden of proof to the defendant and on companysideration of the evidence of the plaintiff it is number at all possible to say that the plaintiff has been able to prove the fact of pavan trading companypany carrying on the business at the shop which may amount to sub letting of the shop by the defendant.
the tenant denied the allegation of sub letting.
appeal by special leave from the judgment and order dated the 19th august 198 of the allahabad high companyrt in m.w.p.
the additional district judge before whom the tenants revision petition came for disposal took numbere of the erroneous approach of the trial companyrt and came to hold in the present case it has number at all been admitted by the defendant that pavan trading companypany or any member of the said companypany has been carrying on business in the shop alongwith him or by himself.
the appellate authority therefore allowed the revision and reversed the order of eviction and directed dismissal of the petition of the landlord.
civil appellate jurisdiction civil appeal number 2147 of 1980.
in these circumstances it was for the plaintiff to lead good and positive evidence to prove that the business in fact at that shop was being carried on by the pavan trading companypany and number a by the defendant himself.
pramod swarup for the appellant.
the respondent landlord asked for his eviction on the ground of the tenant having created a sub tenancy of the premises sometime in october 1976 in favour of m s. pavan trading companypany a soap manufacturing companycern.
the landlord filed an application under article 227 of the companystitution.
the judgment of the companyrt was delivered by raanganath misra j. the tenant of one room which is a part of a premises located within the township of aligrah in the state of uttar pradesh is in appeal before this companyrt after obtaining special leave under article 136 of the constitution.
number 7578 of 1979.
jain for the respondent.
the mere presence of a member of pavan trading companypany in the shop at a certain time will number be sufficient to say all that the business is being carried on by pavan trading companypany in the shop.
k. garg and v.k.
