MOHAN LAL Vs. PIARE LAL

JUDGEMENT

(1.) PLAINTIFF is aggrieved against the order passed by the courts below dismissing the suit of the plaintiff for possession on the ground that the civil suit for possession against tenant is not maintainable as the tenancy is heritable and the respondent tenant Jugal Kishore is protected under the Haryana Urban (Control of Rent and Eviction) Act, 1973.

(2.) THE plaintiff filed suit for possession in the year 1981 after the death of Jugal Kishore tenant in the year 1979. It was alleged that there is no relationship between the parties as landlord and tenant and therefore, the premises not being non-residential, tenancy is not heritable. However, the courts below have relied upon Division Bench judgment of this Court in M/s Prince Sales Corporation v. Partap Singh, (1996-1) 112 PLR 163 to hold that the tenancy is heritable in respect of non-residential building as well. There cannot be any exception laid down to the said judgment that the tenancy in respect of non-residential building is also heritable and therefore, there is relationship of landlord and tenant.

(3.) HOWEVER , the counsel for the petitioner brought to the notice of the court that the plaintiff has also filed suit for recovery of Rs. 23,000/- on account of use and occupation of the shop by the defendants for the period since 16.7.1979 at the rate of Rs. 1,000/- being the market rate of the shop in dispute. It may be stated that Jugal Kishore original tenant was paying the rent at the rate of Rs. 38/- per month. The plaintiff has claimed a sum of Rs. 23,000/- as damages at the rate of Rs. 1,000/- per month from 16.7.1979. However, the said claim of the petitioner is again not tenable. Since the tenancy is heritable, therefore, the plaintiff cannot claim any amount over and above the agreed rate of rent. Therefore, the claim for damages at the rate of Rs. 1,000/- is again against the statutory provisions of law. There can be no exception to the statutory provisions of law.