DARSHAN SINGH Vs. KULWANT RAI

JUDGEMENT

(1.) This is a tenants petition under Article 227 of the Constitution against an order of the Appellant Authority under the Pepsu Urban Rent Restriction Ordinance (No VIII of 2006 Bk) confirming an order of ejectment passed by the Rent Controller.

(2.) On behalf of the petitioner it is contended that on the facts found the case did not fall under section 13(2) (ii) of the said Ordinance and, therefore, the Tribunal wrongly assumed jurisdiction in passing an eviction order against the tenant. It appears that Dhan Singh and his son Darshan Singh petitioner took on lease the shop in dispute from Kulwant Rai, the respondent, by a lease-deed dated 3rd of October, 1949. The lease was for one year and the rent fixed was Rs. 18 per mensem. The landlord prayed for ejectment the tenant on various grounds, but the one on which the ejectment order is based is that the tenant had sublet the shop to one Asa Singh without the Landlord's consent. The admitted facts in this connection are : Darshan Singh and his father Dhan Singh, the tenants, were carrying on their business at the shop ever since the lease. In 1953, Dhan Singh got another shop on lease and started his own business there. On 12th July, 1954, Darshan Singh took into partnership one Asa Singh and they both are now carrying on business at the shop in dispute.

(3.) According to the terms of the partnership-deed (Exhibit D.1) Darshan Singh and Asa Singh had a four annas and twelve annas share respectively in the profit and loss of the business, the rent for the shop was also to be contributed in that proportion. The question that arises is whether the partnership amounts to subletting the premises so as to occasion the forfeiture of Darshan Singh's tenancy. The Rent Controller and so also the Appellate Authority are of the view that the firm Darshan Singh Asa Singh being a separate entity the shop ought to be regarded as having been leased out to it by Darshan Singh, which he could not do without the consent of the landlord. Reliance is placed on a Division Bench decision of the Nagpur High Court in Tansukhdas Chhaganlal V/s. Smt. Shambai, 1954 AIR(Nag) 106 in which all that is said on the point is -