BISHAN DASS Vs. KEHAR SINGH

JUDGEMENT

(1.) ON 18th April, 1953, Bishan Dass, Bhagat Ram and Narinder Kumar gave on rent a vacant plot belonging to them and situate in the City of Jullundur to Satish chander Pal as partner of Firm Lord Krishna Soda Silicate of Jullundur at a monthly rent of Rs. 60/ -. The tenant was asked not to construct any Pacca structures on the said plot. It is said that in spite of this condition in the lease-deed, the tenant put up certain machinery and built some sheds on the demised premises. In May 1954, the tenant firm through its another partner Rajeshwar singh Pal, transferred the machinery and the sheds in favour of Kehar Singh. The goodwill of this firm was also given to Kehar Singh in June 1954. In July 1968, the landlords filed an application under Section 13 of the East Punjab Urban Rent restriction Act, 1949 for the eviction of the tenant on four grounds, namely, (a)non-payment of rent; (b) personal necessity; (c) that the tenant has transferred the leasehold rights in favour of Kehar Singh without their consent; and (d) that the tenant has made unauthorised constructions on the said land. The application was made against the tenant and Kehar Singh was also impleaded as a party.

(2.) SATISH Chander Pal admitted the claim of the landlords, but Kehar Singh opposed the application and pleaded that he was a direct tenant under the landlords with effect from 7th June, 1954, and had also made payments of rent to the landlords in that connection. He denied that the leasehold rights were transferred in his favour by Satish Chander Pal. He also averred that the eviction application was not maintainable because the landlords had not served him with a notice under Section 106 of the Transfer of Property Act.

(3.) ON the pleadings of the parties, a number of issues were framed and the only material issue for the purpose of this revision petition is issue No. 1, which reads:-"whether there is a relationship of landlord and tenant between the petitioners and respondent No. 2 (Kehar Singh)".