TULISON TRADERS Vs. GURDIT SINGH

JUDGEMENT

(1.) This Civil revision is directed against the judgment dated the 9th August, 1966, passed by Shri D. R. Khanna, Additional Senior Sub-Judge, Delhi, with enhanced appellate powers whereby he accepted the appeal of respondent Gurdit Singh carrying on business in the name and style of Luxmi Trading Agency against the order and judgment dated the 12th January, 1965, passed by Shri K. C. Dewan, Sub-Judge 2nd Class, Delhi, whereby the learned Sub-Judge dismissed the suit of the respondent Gurdit Singh against the present petitioners and respondents No. 3 and 4, claiming ejectment of the petitioners in respect of a part of the premises in the back portion of the building bearing municipal No. 764 towards Queens Road, New Delhi, which ejectment was sought on the ground of nonpayment of rent. In the result Shri D. R. Khanna, decreed the suit against the present petitioners and respondents 3 and 4 in the present revision petition.

(2.) Relevant facts necessary for the disposal of this petition are that building bearing municipal No. 764, Queens Road, New Delhi, belonged to one Haji Mohd. Yasin. A part of the building was let out by the owner to M/s. Overseas Trading Corporation (herein to be called 'the Corporation') who rented out the back portion of the premises comprised in their tenancy to respondent Gurdit Singh and Luxmi Trading Agency, of which Gurdit Singh was the proprietor. Gurdit Singh subsequently sub-let a part of the said premises to Luxmi Soda Water Factory, respondent No. 3, with the consent and knowledge of Corporation, on a monthly rent of Rs. 39.00. Luxmi Soda Water Factory was run by one Onkar Singh who took with him in partnership Joginder Singh son of Gurdit Singh on the basis of partnership deed, Exhibit P/1. This partnership was continued for a short period of 5 to 6 months and was dissolved b\ dissolution deed, Exhibit P/2. After dissolution Onkar Singh continued to be the sole owner of the Luxmi Soda Water Factory. Onkar Singh eventually sold the said business, its assets and the good-will to petitioner Tarlok Nath and Kundan Lal Tuli, respondent No. 4, who were accepted as sub-tenants by Gurdit Singh. Tarlok Nath and Kundan Lal subsequently carried on the business under the name and style of Tulison Traders, petitioner No. 1. Gurdit Singh filed suit (suit No. 565 of 1958) seeking ejectment of the petitioners and respondents 3 and 4 from the premises which were sub-let to them by Gurdit Singh on the ground that the sub-tenants were in arrears of rent which rent had not been paid by them from 1st September, 1955, to 31st July, 1958.

(3.) The defendants in the above-said suit resisted the same on a host of grounds. It was contended by them that Kundan Lal had retired from the business; that Luxmi Soda Water Factory stopped business and was not in occupation of the premises and that they were not necessary parties to the suit. It was further alleged that on the migration of the owner of the property to Pakistan, the property became evacuee property which was purchased by Sarvashri Faquir Chand, Banwari Lal and others; that they were required to be impleaded as parties to the suit, being owners of the property. On merits it was contended that Gurdit Singh and Luxmi Trading Company did not sub-let the portion in question to the petitioners. No question of any default, therefore, arose as the petitioners were not tenants under them. It was claimed that the petitioners had paid uptodate rent to the owner-landlords, vez., Faquir Chand and others who had purchased the property. By way of additional pleas it was alleged that the petitioners were tenants in the portion in their possession under the Corporation who were tenants under the Custodian. On Faquir Chand & others becoming landlords the Corporation surrendered the tenancy of the permises in the occupation of the petitioners whereupon the petitioners attorned to the new landlords and had been paying rent directly to them. It was further alleged that a dispute having arisen between the parties, i.e., Faquir Chand and others, owners of the property and the Corporation, a suit was filed by the owners, Faquir Chand and others against the Corporation and that the Corporation manoeuvred and engineered the filing of this suit by Gurdit Singh. The suit was decreed by Shri R. L. Lamba, sub-Judge 1st Class, Delhi by his judgment dated 10th May, 1961.