KAHAN CHAND AND OTHERS Vs. THE MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS regular second appeal by the defendants is directed against the judgment and decree, dated 22nd February, 1962, of the Senior Subordinate Judge, exercising enhanced appellate powers, Amritsar. It arises out of the following circumstances.

(2.) SOME land adjoining the fasil situated between Hall Gate and Sikander Gate, Amritsar, was leased out by the Municipal Committee (plaintiff) in 1887 for a period of 20 years on a monthly rent of Rs. 5/ -by means of a lease -deed to the defendants. The lease was subsequently renewed from time to time. The last renewal of the lease was made per Exhibit P. 27, dated 8th June, 1946, for a period of 11 months and 28 days. Under its terms, Rs. 5/ - as rent was payable monthly. The lessees, on the expiry of the aforesaid lease, failed to surrender possession to the landlord after removing the structure and buildings at their own expense. They also sublet, in contravention of the terms of the agreement of lease, a portion of the premises. Notices for ejectment were served on the defendants several times, the last of which was served on 26th February, I960, but the defendants refused to comply with the same They also defaulted to pay rent for the period, 1st April, 1949 to 31st March," 1960. On the preceding facts, the plaintiff Municipal Committee instituted the suit for ejectment of the defendants from the premises in dispute and also for the recovery of Rs. 180/ -as arrears of rent. The suit was resisted by defendants 1, 3, 4 and 7, who in their joint written statement said that the lease -deed was not admissible in evidence, because it was neither properly stamped nor registered. They further denied the terms and conditions of the lease -deed and averred that no relationship of landlord and tenant was created by that document, which did not bear the seal of the Committee. They denied having committed any breach of the terms of any agreement whatsoever. In reply to paragraph 4 of the plaint they stated :

(3.) THE parties ultimately went to trial on the following issues: