In Umrao v. Smt. Minu @ Manju Sanghi (6), the Punjab and Haryana High Court held that it is not a case of sub-letting in favour of son if the tenant continued visiting the shop. In Jagan Nath (Deceased) Through Lrs. v. Chander Bhan and Ors. (7), it was held that in case of joint Hindu family when the tenant carries on business with the help of his son, it does not amount to sub-letting.
The judgment delivered in Hardev v. Jaidev through his legal representatives, (8), has no application to the question involved in the instant case as it relates to hereditary tenants.
11. It was also contended by learned counsel for the appellant that the courts below had drawn an adverse inference against the appellant on account of non-production of bills etc. but there was no evidence to prove the existence of any such documents, hence adverse inference was wrongly drawn. He placed reliance uponBhoolchand and Another v. Kay Pee Cee Investments and Another (10) and Mohinder Kaur v. Kusam Anand (11). It was held by Hon'ble the Supreme Court in both the judgments that such an adverse inference can be drawn if the existence of the document and its possession with the part was established and party was asked to produce the document in the court.
In Gopal Krishnaji Ketkar v. Mohamed Haji Latif and Ors. (18), it was held that a party in possession of best evidence which would throw light on the issue in controversy withholding the same, the Court should draw an adverse inference against him notwithstanding that onus of proof does not lie on him.
10. It was next submitted by learned counsel for the appellant that the findings of the courts below on the point of sub-letting are also perverse and contrary to the provisions of law. he placed reliance upon a number of judgment.
12. Per contra, learned counsel for the respondent contended that both the courts below having considered the entire evidence arrived at concurrent finding and the same is not perverse. He also placed reliance upon some of the judgments.