PUNJAB KHADI MANDAL Vs. NARESH CHANDER AND ANOTHER

JUDGEMENT

(1.) The revision petition is at the instance of Punjab Khadi Mandal against the order directing ejectment. The petition for eviction had been filed at the instance of one Naresh Chander on the ground of non-payment of rent and subletting the premises. The petition had been originally instituted against Sube Singh arrayed as the 1 st respondent and Haryana Khadi Mandal described as the 2 nd respondent. The petitioner was relying on a deed of lease executed by the first respondent Sube Singh in favour of the petitioner's father Inderjit. The contention was that Sube Singh had sublet the premises to the Haryana Khadi Mandal. During the pendency of the proceedings, the Punjab Khadi Mandal sought impleadment on its own application considering that there had been an amalgamation of the Haryana Khadi Mandal with the Punjab Khadi Mandal and that it had come by all the assets of the Haryana Khadi Mandal.

(2.) The petition was contested, inter alia, that there had been no subletting at all and the property was taken by Sube Singh only as a Manager of Haryana Khadi Mandal. It was also contended on behalf of the tenant that the original tenancy had been only with the petitioner's father and the Mandal had never been informed about the transfer of interest in favour of the petitioner. In legal terms, it was seeking to contend that there had been no valid attornment in favour of Naresh Chander as the landlord.

(3.) The rent had been paid during the proceedings and the case survives consideration on the issues of Naresh Chander's alleged status as the landlord and the contention of sub-tenancy.