1989 INSC 0286
                                              Durga Dass and Another

                                                           Vs

                                           Inder Kumar Jain and Others

                                      Civil Appeal Nos. 2698-2699 of 1980

                                   (Rangath Misra, M. N. Vankatachaliah JJ)

                                                      02.05.1989

                                                     JUDGMENT

RANGANATH MISRA, J. ­

1. These two appeals are by special leave and are directed against the reversing order of the High
Court of Punish and Haryana made in two connected civil revisions granting eviction from two
shop-rooms located at Hoshiarpur.

2. The ground for eviction was subletting and relying upon the evidence placed on record,
particularly that of Ram Lal, son of Durga Dass who was the tenant, the Controller and the
Appellate Authority had found that there was subletting. It is not necessary to refer to the evidence
as counsel for the landlord-respondent on the suggestion agreed to accept Ram Lal as the sole tenant
of the two shop-rooms. Parties have agreed that the rent per room shall be @ Rs. 200 per month. We
direct that rent at this rate shall be payable from January 1, 1988. The rent due up to April 30, 1989
@ Rs. 200 per month per room shall be paid by the appellant on or before June 30, 1989 after
deducting such payments as may have been made at the old rate. Rent for the month of April shall
be paid @ Rs. 200 per room by May 7, 1989 and rent for every succeeding month shall be paid by
the 7th of the subsequent month.

3. Counsel for Ram Lal has stated to us that there would be no further default in the matter of
payment of rent as now directed.

4. The appeals are allowed, the order of eviction passed by the High Court is set aside and the
appeals are disposed of with the directions stated above. Parties shall bear their own costs
throughout.

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