CHIRANJI LAL AND ORS. Vs. HIRA LAL

JUDGEMENT

(1.) THIS revision petition by tenants and second appeal by the landlord (R.S.A. No. 977 of 1963) have arisen in the following circumstances.

(2.) THE premises in suit consist of a shop in the town of Muktsar which were leased in 1956 by Dr. Mehanga Ram to Hira Lal at an annual rent of Rs. 900. There seems to be no doubt that Hira Lal did not occupy the shop very long and the rent for the year from the 1st of April, 1956 to the 31st of March, 1957 was accepted by the landlord on the 11th of June, 1956, the landlord's receipt for the payment showing that it was paid to him by Hira Lal who had taken it from Charanji Lal and Panna Lal who are two of the proprietors of the firm Charanji Lal Panna Lal. On the 27th of May, 1959 the landlord instituted proceedings against Hira Lal and the partners of the firm Charanji Lal Panna Lal for ejectment on the ground of subletting and non -payment of arrears of rent. On the first date of hearing a sum sufficient to cover the arrears of rent with interest and costs was deposited by Charanji Lal etc. on behalf of the tenant. On the 19th of March, 1960 the landlord's application was dismissed as it was found that the sub -tenant had complied with the requirements of law regarding the deposit of rent, and that the subletting had been with the written consent of the landlord. On the 9th of January, 1961 the Appellate Authority reversed the order of the Rent Controller and decreed ejectment. Charanji Lal etc. challenged this order in a revision petition which was decided by G.D. Khosla, C.J., on the 11th of July, 1961. He held that a sub -tenant who is occupying the premises with the previous permission in writing of the landlord can make a valid tender of the rent due to the landlord in Court, and he held that the written consent of the landlord to the subletting was proved. He accordingly restored the order of the Rent Controller dismissing the landlord's petition.

(3.) THE learned Subordinate Judge who decreed the Plaintiffs' suit also happened to be the Rent Controller at Muktsar, and in that capacity he dismissed the application of Hira Lal. He found that arrears of rent due up to the 31st of January, 1962, were Rs. 4,350 and that Rs. 4,500 had been deposited in Court by Charanji Lal, etc., and he largely relied on the judgment of the learned Chief Justice in holding that there were no arrears of rent on account of which ejectment could be ordered. He gave that decision on the 17th of August, 1962, the same day on which he decreed the suit of Charanji Lal, etc. However, on the appeal of the landlord the learned Appellate Authority on the 4th of January, 1963, reversed the order of the learned Rent Controller and granted Hira Lal an order for ejectment. Hence Charanji Lal, etc. have filed the revision petition against the order of the Appellate Authority and the landlord has filed a second appeal against the decree of the Civil Court.