TEK CHAND Vs. RATTAN LAL

JUDGEMENT

(1.) THE present petition is by the landlord aggrieved against the dismissal of ejectment petition by both the Courts below.

(2.) THE landlord has sought ejectment on the ground that the tenant i.e. Rattan Lal has not paid the arrears of the rent with effect from 1.9.1978 and that he has subletted the premises in favour of firm Rattan Lal Ram Niwas and to Ram Niwas i.e. respondent Nos. 2 and 3. It is also contended that the building was unfit and unsafe for human habitation and he wanted to reconstruct the same.

(3.) THE petitioner has relied upon document Ex.A3 judgment in a suit filed by respondent No. 2 Rattan Lal Ram Niwas for permanent injunction restraining the landlord in interfering with the possession of the said plaintiff. However, the said suit was dismissed but finding was given under issue No. 1 that Rattan Lal is the tenant and not the firm. It is the case of the landlord that the said judgment will operate as res judicata wherein it has been held that it is individual Rattan Lal and not the firm is tenant.