DEVI Vs. RAM KISHAN

JUDGEMENT

(1.) The question which requires determination in the present case is whether a certain garage and Kothri attached thereto have been sub-let by L. Ram Kishan.

(2.) The plaintiffs in this case be Shrimati Devi and Shrimati Gunwati Devi, owners of certain premises in Delhi, while the defendant is one L. Ram Kishan, a businessman of Delhi. On the 1st November 1950 the plaintiffs brought an action against the defendant for ejectment on the allegations that they let out a garage and Kothri to the defendant on a rent of Rs. 18/8/- per mensem, that a sum of Rs. 233 was due to them on account of arrears of rent, that the defendant permitted a lawyer by the name of L. Brij Lal to use this garage for the storage of his car and the Kothri for the residence of the driver and his family, and that rent due from the defendant has not been paid. Ejectment was also sought on the ground that the defendant had assigned, sub-let, or otherwise parted with the possession of the whole of premises in dispute without the consent or knowledge of the plaintiffs. The trial Court granted a decree in a sum of Rs. 233 on account of arrears of rent but declined to grant a decree for ejectment as the defendant had not sub-let or parted with possession of the premises in dispute. The order passed by the trial Court was upheld by the Senior Subordinate Judge in appeal. The plaintiffs have come to this Court in revision and the question for this Court is whether the Courts below have come to a correct determination in regard to the question of sub-letting.

(3.) In paragraph 5 of Volume 20 of Halsbury's Laws of England the learned author has endeavoured to bring out the distinction between a lease and a licence. He observes as follows :-