RAM VICHAR Vs. DAULAT RAM MOHAN DASS

JUDGEMENT

(1.) This petition for revision has been placed before us in pursuance of the order of Grover J. dated the 8th of February, 1966 in ..view of the importance of the questions involved in the petition.

(2.) The facts giving rise to this petition may now be stated. A suit for recovery of Rs. 6,480.00 on account of arrears of rent for a period of three years anterior to the institution of the suit at the rate of Rs. 180.00 per mensern alongwith a prayer for eviction of the defendants from the premises in dispute was filled on the 7th of February, 1959. In this suit, the following defendants were impleaded :- 1. Shri Daulat Ram Mohan Das, Cloth Merchant, (resident of Bombay): 2. Messrs Daulat Ram Mohan Dass, a partnership firm (carrying on business at Bombay) ; and 3. Messrs Daulat Ram Ram Chand Brothers, a partnership firm (carrying on business at the suit-premises). It will be useful at this stage to set out the partners of defendant No.2. They are :- (1) Daulat Ram Mohan Dass (2) Ram Chand Daulat Ram (3) Vasu Dev Daulat Ram (4) Amar Chand Daulat Ram (5) Shri Chand Daulat Ram (6) Sham Das Daulat Ram (7) Moti Mal Dwarka Dass (8) Bhagwan Das Daya Ram (9) Mohan Lal Gokal Dass Udeshi (10) Pribh Dass Sant Dass and (11) Naina Mal Chhotan Mal. The partners of defendant No. 3 are :- (1) Ram Chand Daulat Ram (2) Vasu Dev Daulat Ram (3) Amar Chand Daulat Ram and (4) Shri Chand Daulat Ram. Thus the partners of defendant No. 3. in toto are the partners of defendant No. 2. Defendants Nos. 2 and 3 are partnership firms. Defendant No. 2. carries on business at Bombay and defendant No. 3 carries on business in the suit-premises. The property belonged to a Muslim and it was taken on lease by defendant No. 1. On the migration of the Muslim owner to Pakistan, the property was declared evacuee property and defendant No. 1 became a tenant under the Custodian. The plaintiffs Ram Vichar Sethi and Ram Parkash Sethi, purchased the suit-property on 4th of January, 1956 and thus became the landlords of defendant No. 1. The basic rent of the premises is Rs. 120.00 per mensem and if allowance is made for the permissible increase under the law, it is alleged that it would come to Rs. 180.00. That is how a claim for rent at the rate of Rs. 180.00 is made with a prayer that it be increased according to law.

(3.) The suit was contested by the defendants and it was pleaded inter alia that firm Messrs Daulat Ram Mohan Dass, defendant No. 2, had taken on lease the suit-premises from the owners over 30 years ago. It was denied that the premises had been taken by defendant No. 1 personally or that defendant No. 1 had become the tenant of the Custodian after the migration of the muslim owner. Firm Daulat Ram Mohan Dass was stated to be the tenant and it has continued to be the tenant until Daulat Ram Mohan Dass retired. It was further submitted that the Custodian had accepted defendant No. 2 as tenant and has been accepting rent from defendant No. 2. It was also pleaded that the Custodian had accepted rent from Messrs Daulat Ram Ram Chand Brothers, defendant No. 3, and, therefore, the Custodian as well as the plaintiffs, who are the successors of the Custodian, were estopped from taking up the plea of subletting or assignment.