NEERAJ KAPOOR Vs. RANBIR SINGH DAHIYA

JUDGEMENT

(1.) Delay is condoned. Leave is granted.

(2.) The appellant before us challenges the order passed by a Division Bench of the High Court of Punjab and Haryana dismissing C.W.P. No. 248/1997 on August 27, 1997 and the order dismissing Review Application No. 359/1997, filed in the said writ petition, on September 7, 1999.

(3.) A narration of relevant facts would be necessary to appreciate the controversy in these appeals. The subject-matter of the dispute is an extent of 36 sq. yards of land comprising shop No. 14, near Button Factory, Subhash Chowk, Sonepat (under the Municipal Committee, Sonepat, an A-class Municipality) hereinafter referred to as "the demised land" which was given on lease by the Municipal Committee under Haryana Municipalities Management of Municipal Properties and State Properties Rules, 1976 to one Prem Kumar Sardana. It appears, with the permission of the Municipality the said Sardana raised construction, Shop No.14 (ground floor and first floor). In 1971, he leased out the ground floor in favour of one Janak Raj Kapoor who started a printing press therein as the sub-lessee. He died on January 20, 1989 leaving behind him a wife and a son, the present appellant who has been running the press therein. The first respondent was inducted into the possession of the first floor as a sub-lessee by the said Sardana in 1989. Thus both the appellant and the first respondent are sub-lessees of the demised land.