LAWS(P&H)-1990-9-50

JATTAN DEVI Vs. VIDYA BHUSHAN

Decided On September 14, 1990
JATTAN DEVI THROUGH RAJ KUMAR ATTORNEY Appellant
V/S
VIDYA BHUSHAN Respondents

JUDGEMENT

(1.) THE challenge here is by the landlady - Jattan Devi - to the impugned order of the appellate authority declining to order ejectment of respondent - Vidya Bhushan on the ground that he had sub-let it to respondent-Gurbax Singh and also for non-payment of arrears of rent. The demised, premises being a shop.

(2.) IT was the finding of the appellate authority as also the rent controller that there was do relationship of landlord and tenant between Jattan Devi and Vidya Bhushsn It being held that though Jattan Devi was in fact the owner of the shop, the landlord was Nanak Chand who had inducted Vidhya Bhushan. It was further found that no arrears of rent were, due from the tenant-Vidya Bhushan as the amount had been paid to the said Nanak Chand.

(3.) THE lower appellate authority clearly fell in error in holding that there was no relationship of landlord and tenant between the parties as a reference to exhibit R/5, which is copy of the writing from the deed writer's register of January 28,1985, would show that Gurbax Singh respondent had been inducted as a tenant in the shop of Jattan Davi, though through Nanak Chand. The executing this rent note, Nanak Chand was clearly acting for and on behalf of Jattan Devi. This can, by no means, be construed as clothing Nanak Chand with the status of landlord. He was clearly acting as an agent of Jattan Devi. There can thus be no escape from the conclusion that there was a relationship of landlord and tenant between Jattan Devi and Gurbax Singh. This finding, however, renders unsustainable sub letting as a ground for ejectment as it shows Garbax Singh respondent having been inducted as a direct tenant under Jattan Devi.