SHORI LAL Vs. KARTAR SINGH

JUDGEMENT

(1.) The premises in dispute was leased out by Shori Lal petitioner in favour of one Kartar Singh under rent note dated October 11, 1960 Exhibit A. 1. The tenancy was to commence with effect from October 8, 1960. On the same day, that is, on October 11, 1960, Kartar Singh, who was under the earlier lease-deed entitled to sublet this property, executed a lease-deed in favour of Durga Dass respondent. The tenancy was, however, to commence with effect from November 1, 1960. Shori Lal filed a petition for ejectment of Durga Dass and Kartar Singh before the learned Rent Controller. This petition failed and the appeal filed by him was also dismissed. He has come up in revision before me.

(2.) Now, Durga Dass set up the plea that the property in fact belonged to one Lachhman Dass. father of Shori Lal, who gifted it away in favour of his seven daughters. This gift deed Exhibit R. 2 was executed on August 26, 1966 and its execution was proved by Harbhajan Singh, R.W. 2, the scribe of the deed, and Sant Ram R.W. 3, its marginal witness.

(3.) Exhibit R. 1/A was the notice issued by the daughters of Lachhman Dass to Durga Dass calling upon him to pay the rent to them. On November 20, 1966, Durga Dass executed a rent note Exhibit R. 3 in favour of the daughters, the donees.