C.R. No.1687 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1687 of 1990 Date of Decision: 30.6.2010 Kaushalya Devu (died) through LRs. ……Petitioner VERSUS Prabhu Sharan (died) through LRs and another ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Harish Bhardwaj, Advocate for the petitioner. Mr. Satnam Singh, Advocate for the respondents. ALOK SINGH, J. (ORAL) 1. By way of present revision petition, petitioner is assailing the order dated 29.11.1988 passed by the learned Rent Controller, Phagwara as well as judgment and order dated 5.5.1990 passed by the Appellate authority under the East Punjab Urban Rent Restriction Act. 2. Landlord – respondent herein has sought eviction of the tenant/petitioner herein on two grounds i.e. i) non-payment of rent and ii) sub-letting the tenanted property. Both the Courts below have recorded findings of fact on the question of sub-tenancy and have re- C.R. No.1687 of 1990 -2- corded clear cut findings that petitioner has sub-let the premises in dispute to defendant No.2 without the consent of the landlord. 3. This revision petition is pending right from the year 1990. It is reported that petitioner was dispossessed in execution of decree on 18.2.2008. In view of the peculiar facts and circumstances of the case that decree of eviction has already been executed against the petitioner and both the Courts below have recorded clear cut findings on the question of sub-letting, I do not find any reason to re-appreci- ate the evidence on the question of sub-tenancy. Question of sub- tenancy is a mixed question of law as well as fact. 4. No illegality or perversity or jurisdictional error is pointed out. 5. In view of the above, no interference is called for. Hence, petition is dismissed. ( ALOK SINGH ) 30th June, 2010 JUDGE ashish