MUNSHI LAL Vs. JAGMOHAN LAL

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the order of ejectment has been passed by both the authorities below.

(2.) JAGMOHAN Lal Sharma, landlord, sought the ejectment of his tenant from premises in dispute, which consist of a shop and were leased out at the rate of Rs. 50/- per mensem vide rent note dated 15.9.1949 to Munshi Lal and late Ram Lal son of Telu Ram. Later on, at the instance of the tenant, fair rent was fixed at Rs. 16/50 paisa per mensem on 19.2.1983. The said Rem Lal Tenant died meanwhile and on his death, Munshi Lal alone was the tenant under the landlord in the premises in question. The eviction was sought inter alia on the ground the Munshi Lal had sublet the premises to respondent No. 2. Ram Lal son of Wadhawa Mal of Messrs Ram Lal Gurmit Lal without the written consent of the landlord. It was further alleged that Ram Lal respondent No. 2 was in exclusive possession of the premises in dispute.

(3.) THE learned counsel for the petitioner contended that after Munshi Lal had retired from the partnership firm, M/s Ram Lal Gurmit Lal in August, 1970, Ram Lal had become the tenant in the premises in question, because earlier, the landlord has been accepting rent from the aforesaid partnership firm. According to the learned counsel, acceptance of rent from the above said firm clearly proves that Ram Lal was accepted as tenant by the landlord.