DEVI DASS Vs. OM PARKASH

JUDGEMENT

(1.) PETITIONER -landlord filed an application for eviction of respondents-tenants on the ground of non-payment of rent, sub-letting and material alterations. Before the trial Court, he failed and appeal filed by him was also dismissed. Hence, this revision petition.

(2.) SH . Giani appearing for the petition has, primarily argued on the point of sub-letting of the demised premises to a new firm. As is apparent from the record and perusal of the orders passed by both the Courts below, that initially, property was let out to firm M/s Kirpa Ram Shankar Dass having three partners namely Shankar Dass, Pyare Lal and Om Parkash. Subsequently, one of them died. Om Parkash left his share in favour of Pyare Lal and due to that a new firm was constituted consisting of three partners namely Pyare Lal, Baldev Raj and Chhajju Ram. Both the courts below had found that by reconstitution of firm, it does not amount to discontinuation of the earlier firm and no sub-letting is involved. Courts below had relied upon two judgments of this Court titled as Bhagwan Dass v. Sham Sunder and others, 1980(1) R.L.R. 791 and Hukam Chand and others v. Chahria Ram, 1980(1) RCR 521.

(3.) OPINION arrived at by both the Courts below is based upon proper appreciation of law and evidence on record.