Nirmal Kanta (Dead) Through Lrs vs Ashok Kumar & Anr

2. One Smt. Nirmal Kanta, wife of Shri T.R.Bhandari, filed the above-mentioned petition under Section 13 of the 1949 Act seeking ejectment of the respondents herein from the shop-room in question. Ejectment was sought on the ground that the tenant had not paid the rents for the tenanted shop-room from 2nd March, 1982, till 15th June, 1982, when the eviction petition was filed. It was also alleged that the conduct of the tenant was a constant nuisance not only to the landlord but also to the neighbours as well and that the landlord wanted to construct a first floor on the demised premises, which was being obstructed by the tenant. A separate ground as to creation of sub-tenancy was also pleaded along with some other grounds relating to installation of electric meter and an attempt being made by the tenant to establish his own title to the suit property. The Rent Controller dismissed the application on 13.8.1983 and against such order of dismissal of his petition the appellant filed an appeal before the Appellate Authority. The Appellate Authority allowed the appeal and set aside the order of the Rent Controller by its judgment dated 14th June, 1984. The tenant, the respondent No.1 herein, was directed to put the landlord/appellant in possession of the tenanted premises within three months. The respondent No.1/tenant filed Civil Revision No. 2250 of 1984 before the High Court against the order of the Appellate Authority and the same was allowed on the finding that by allowing a tailor, even on payment, to sit in a part of the shop-room with his sewing machine, while retaining his possession and rights as a tenant over the premises leased to him, the respondent No.1/tenant did not create a sub-lease and the tailor could at best be said to be a licensee. The High Court held that the appellant landlord had failed to discharge his burden that there was a sub-letting of the demised premises.

4. At this juncture, it may be mentioned that the sole petitioner before the Rent Controller died during the pendency of this appeal and she was substituted by her legal heirs in the appeal. The appellant No.1, Tilak Raj Bhandari, the husband of the deceased Nirmal Kanta, who is an advocate, has appeared in person in support of the appeal.

6. The appellant No.1 urged that during the hearing of the application filed before the Rent Controller under Section 13 of the 1949 Act, the Rent Controller had appointed a Local Commissioner on 15th June, 1982, to visit the locale and to report the factual position regarding the use of the portion of the demised premises by Lachman Singh working as a tailor and as to whether, he had affixed his sewing machine, plied by feet, on the floor at a particular point in the site plan. It was pointed out that the Local Commissioner had reported that on his inspection in the presence of the parties, he found that the tailor Master Lachman Singh was operating as a tailor from the point shown in the site plan of the shop-room and that he had got a sewing machine plied by feet fixed to the said spot.

17. Since none of the other points appear to have been urged before either the Appellate Authority or the High Court, we are not called upon to deal with the same.

18. The appeal accordingly fails and is dismissed.

19. There will be no order as to costs.