Jaswant Rai vs Dharampal and Others

M.R. Sharma, J.—The petitioner sought ejectment of the respondents on the ground that the shop in dispute had been sublet by him to Girdhari Lal, respondent No. 2. The learned Rent Controller considered the partnership deed Exhibit R-1. In the background of certain circumstances and held that it was not a genuine document. The Appellate Authority after considering the evidence and this document noticed that there was a clause in the partnership deed that the tenancy would revert to the original tenant in case the partnership came to an end. On this basis he concluded that the partnership deed was a genuine document This is essentially a finding of fact and apart from the appreciation of oral evidence made by the learned Appellate Authority the circumstance that the original tenant received his right to continue to occupy the premises at the end of partnership shows the the partnership was genuine, in nature. There is no merit in this petition which is hereby dismissed.