OM PARKASH AND ANOTHER Vs. GANGA RAM

JUDGEMENT

(1.) THIS second appeal from order is directed against the concurrent decision of the Courts below dismissing the Plaintiff's suit. Plaintiff is a lessee under an agreement of lease dated the 4th August, 1958 Exhibit A -3, whereby Virendra Kumar Mohatta Trust hereinafter referred to as the Trust, leased out the premises in dispute to Om Parkash. Initially these premises were let out to his father Lekh Ram. On the 5th of August. 1958, after the execution of Exhibit A -3, Lekh Ram surrendered his tenancy to the landlord thereby making it possible for Om Parkash to step into his shoes. Clause 9 of the agreement of lease, Exhibit A -3, is in these terms: -

(2.) LEARNED Counsel for the Respondent relies on two decisions one of the Calcutta High Court in Jahar Lal Bhutra v. Bhupendra Nath Basu : A.I.R. 1922 Cal. 412 and the other of the Allahabad High Court in Ram Anant Singh v. Skankar Singh, I.L.R. 30 All. 369, for the proposition that the owner who has leased out the property can create another lease of the same property and the only rider to this power is that it cannot derogate from the first lease. These authorities will not apply to the facts of the present case. In the cases which were decided by the Calcutta and the Allahabad High Courts, the question that the second tenancy would defeat the provisions of the statute did not arise. That being so, this appeal fails and is dismissed with costs.