The aforesaid report has also been annexed as Annexure D to the Special.
On this companyclusion the Controller held that the tenant has incurred the liability of being evicted under Section 13 2 ii a of the Act and directed that the possession of premises be given to the landlady within 2 months.
Swaran Late respondent number 1, in the present appeal filed an application for ejectment of her tenant Dev Kumar, the deceased husband of the present appellant alleging therein that said Dev Kumar has failed to pay the arrears of rent and has sub let the premises in favour of respondent number.
The evidence of local Commissioner was also fully discussed and the Appellate Authority held that the said evidence indicates that the tenant Dev Kumar still carries on his business in the disputed premises and has number parted with the possession of the same in favour of respondents 2 to 4.
Leave Petition.
The Rent Controller on appreciating the evidence led before him came to the companyclusion that there exists relationship of landlord and tenant between the respondent number 1 and appellant and the tenant had tendered the arrears of rent which was accepted by the landlady.
The tenant before the Rent Controller appeared and companytroverted all the allegations made by the landlady.
The Additional District Judge, Amritsar, who was the Appellate Authority re considered the entire evidence on record and reversed the finding of the Controller on the question of sub letting.
2 to 4 was also specifically denied.
The landlady Smt.
The allegations of subletting by him in favour of respondents number.
Against the order of eviction the tenant preferred an appeal.
It may be stated that the Controller had appointed a local Commissioner calling upon him to find out whether the premises has been sub let to M s. Ram Saran Rattan Chand and the said Commissioner had submitted a report which was accepted as Exhibit AW 5/4 and the Commissioner was also examined before the Controller as AW The companyclusion of the Rent Controller on the question of sub letting was essentially based upon the said Commissioners report and the evidence of the Commissioner.
