MUNICIPAL COMMITTEE KAITHAL Vs. PYARE LAL RIKHI RAM

JUDGEMENT

(1.) ON 30th August, 1960, Piarey Lal took on lease two plots of land Nos. 198/11 and 199/11, situate in Kaithal, District Karnal, from the Municipal Committee, kaithal, on a yearly rent of Rs. 114/- for the period commencing 1st April, 1960, to 31st March, 1961. It was mentioned in the rent note that Piarey Lal would not sub-lease these plots to anybody and vacate them after the expiry of the lease period. It appears that soon after the writing of the rent note, Piarey Lal gave these plots on rent to Raj Kumar and Hardwari Lal. On 17th January, 1962, another rent note for the period 1st April, 1961 to 31st March, 1962, was written in favour of the Committee by Yash Pal, acting as the Attorney of Piarey Lal, regarding these very plots on the same rent. In April 1963, the Committee filed a suit for possession of these plots and recovery of Rs. 114/- as rent against Yash pal, Piarey Lal, Raj Kumar and Hardwari Lal, defendants Nos. 1 to 4. Two grounds were taken in support of the claim. The first was the Yash Pal and Piarey Lal had sublet these plots to Raj Kumar and Hardwari Lal without the consent of the committee and the second was that the tenants had not paid any rent from 1st april, 1962 to 31st March, 1963.

(2.) THE suit was contested by all the defendants. The case set up by defendants no. 1 and 2, namely, Yash Pal and Piarey Lal, was that the latter had constructed two shops on the plots by incurring an expense of Rs. 3,000/- and subsequently, mortgaged them with the former on 4th April, 1961. The position taken up by defendants Nos. 3 and 4 was that they were the sub-tenants of these plots under piarey Lal and had been in possession thereof since a very long time.

(3.) THE trial Court decreed the suit for possession of the plots against all the defendants. But rejected the claim for the recovery of Rs. 114/-, as, according to it, the amount had been realised by the plaintiffs.