JAWALA SINGH Vs. DR. BANARSI DASS AND ANR.

JUDGEMENT

(1.) The landlord-petitioner has filed this revision petition against the order of the Appellate Authority, Sangrur, dated February 2, 1974 whereby the order of the Rent Controller was maintained and the appeal was dismissed.

(2.) Banarsi Dass tenant-respondent took on rent two shops from Jawala Singh petitioner at Rs. 10/- per month for each shop but executed a single note in respect of both the shops. Landlord Jawala Singh filed application for ejectment against tenant Banarsi Dass in respect of both the shops on the ground of arrears of rent and sub-letting. It was alleged that he had sub-let one of the shops to Yusuf respondent No. 2. The application was contested by Banarsi Dass who contended that possession of one of the two shops taken on rent by him was surrendered on November 1, 1965. He denied the allegations that the said shop had been sub-let by him to Yusaf and asserted that the said shop was rented out to Yusaf by the landlord himself. On the pleadings of the parties the learned Rent Controller framed the following issues :-

(3.) Learned counsel for the petitioner contended that the tenancy was one and, therefore, if once the sub-letting is proved the tenant is liable to be ejected from the other shop as well. I do not find any force in this contention. It has been found by both the Authorities that though the rent note is one in respect of both the shops but rent has been fixed separately therein, i.e. Rs. 10/- each, and, therefore, it will be deemed to be two separate tenancies for two different units. In my opinion, this is the correct position under the circumstances of the case.