GURBACHAN SINGH Vs. SHIVALAK RUBBER INDUSTRIES

JUDGEMENT

(1.) This is landlords appeal directed against the order dated August 7, 1993 passed by the High Court at Punjab and Haryana at Chandigarh dismissing the appellants Civil Revision No. 618 / 1993 in limine against the judgment dated November 17, 1992 passed by the Appellate Authority, Amritsar in Rent Appeal No. 21 dated December 12, 1988 affirming the order dated November 4, 1988 passed by the Rent Controller, Amritsar in Rent Application No. 106/81 dismissing the application of the appellants seeking eviction of the respondents 1, 1-A to I-F from the premises in suit.

(2.) Karam Singh, late father of the appellants, had purchased the property at G. T. Road, Chhehartta from the Rehabilitation Department. The property consisted of 12 shops with a verandah in front of shops and vacant land at the main gate situated between the shops Nos. 6-S and 7-S.

(3.) The respondent No. 1, Shivalak Rubber Industries through its proprietor, Dev Raj was inducted as a tenant of Karam Singh in shops Nos. 4-S to 6-S together with 10 ft. vacant land behind the shops with effect from May 1, 1958 on a monthly rent of Rs. 28/-. The respondents Nos. 1-A to 1-F are the partners of respondent No. 1-firm. Later by a rent note dated October 25, 1965 the respondent No. 1-C Dev Raj obtained shops Nos. 2-S and 3-S from late Karam Singh together with 10 ft. open land behind the said shops and 7 ft. wide strip of vacant land with the corresponding length to shops Nos. 2-S to 6-S behind / adjoining 10 ft. wide strip of land on a monthly rent of Rs. 30/-. Thus shops Nos. 2-S to 6-S with the aforementioned vacant land were let out to the respondents Nos. 1 and 1-A to 1-F. The owner / landlord Karam Singh expired on July 13, 1972 leaving behind him the present appellants as his sons and respondents Nos. 2, 3 and 4 as his daughter. Karam Singh has executed a Deed of Will dated June 28, 1972 in favour of the appellants in respect of the suit premises by virtue of which the appellants became the owner / landlords of the respondents Nos. 1, 1-A to 1-F. The respondents Nos. 2 to 4 are impleaded as pro forma respondents.