AJIT SINGH Vs. KAMAL KISHORE

JUDGEMENT

(1.) THIS is tenant's civil revision against the order of the appellate authority ordering ejectment of the tenant from the premises in dispute.

(2.) RAM Rakha Mal was the orginal landlord-owner of the demised premises who let out the rented land to Jit Singh tenant at the rate of Rs. 1,800/- per annum vide rent note dated March 5, 1971. Under the rent note, the tenant was entitled to construct a building and instal machinery in the rented land but at the time of vacating it, he was to remove superstructure and the machinery. One other condition of the tenancy was that the tenant could not sub-let it to any one else Ram Rakha Mal transferred the property to Kamal Kishore and others vide registered gift deed dated January 19, 1973 and thus the relationship of landlord and tenant came into being between the parties to the present petition. Ejectment of the tenant was sought on the around that he had failed to pay the arrears of rent for the period April 1984 to July 31, 1984 amounting to Rs. 450/and also that he was in arrears of house-tax from April 1, 1984 to July 31, 1984 amounting to Rs. 60. 75. The other ground on which ejectment of the tenant was sought was that the demised premises had been sub-let to the other respondents namely, Tara Singh, Bakhshish Singh and Jagdev Singh. It was also alleged in the petition that the tenant has shifted his own business at Ludhiana.

(3.) THE petition was contested by Ajit Singh alias Jit Singh who denied the allegations made in the petition. He further took a stand that the demised premises are in his exclusive possession. He also set up a plea that he entered into partnership business with Tara Singh, Bakhshish Singh and Jagdev Singh, besides one Jangir Singh, Jaswant Singh and Devinder Singh with effect from April 22, 1971. On March 15,1982 the said Jangir Singh, Jaswant and Devinder Singh retired from the partnership firm and now the partnership business is being carried on by Ajit Singh (Jit Singh) with other respondents.