BAL CHAND Vs. GAURI SHANKER AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of Civil Revision No. 2708 of 1979 as well as Civil Miscellaneous Nos. 5068 and 5069-CII-1987.

(2.) In brief, the relevant facts are that the shop in dispute belonging to Krishan Lal located in the grain market Abohar, was leased out to Bal Chand tenant on an annual rent of Rs. 500.00. Aforesaid Krishan Lal died and Gauri Shankar being his only son, became the owner and landlord of the shop. Gauri Shankar sought the ejectment of the tenant from the shop in dispute on many grounds. The surviving grounds being the change of user from running a cloth business to karyana business and sub-letting the shop in dispute by Bal Chand tenant to Messrs Manoj Kumar Sanjay Kumar of which respondents 3 and 4 are the partners. This application was resisted by the tenant contending that the shop was not rented out for any specified business and the tenant could run any business therein at his sweet will. On the ground of sub-letting it was averred that Bal Chand had neither sublet the shop nor has transferred his possession to other respondents. The Firm Messrs Manoj Kumar Sanjay Kumar (respondent No. 2) was constituted by Mohan Lal son of the tenant, and Smt. Kiran, wife of another son of Bal Chand tenant.

(3.) Being aggrieved against the impugned order of the Appellate Authority, Bal Chand tenant has filed the present revision petition before this Court arraying the landlord as well as the alleged sub-tenants as respondents. During the pendency of this revision petition, Bal Chand, tenant-petitioner, died on 12th Jane, 1984 at Abohar. Mohan Lal respondent son of the deceased, along with Krishan Lal Surcsh Kumar other sons of the deceased-tenant and Smt. Khan, daughter-in-law of the deceased, filed Civil Miscellaneous No. 5068-CII-1987 on 8th Oct., 1987, for bringing their names on the record as legal representatives of Bal Chand deceased. They also filed another Civil Miscellaneous No. 5069-CII-1987 for transposition of the names of respondents No. 6, 7 & 8 as petitioners. In both these applications they contended that Bal Chand tenant was a member of the Joint Hindu Family firm and that his son Mohan Lal and Smt. Kiran, being already arrayed as respondents in the parent petition, their names may be brought on the record as legal heirs of Bal Chand or their names be transposed as petitioners. Both these applications were resisted by the landlord on the ground that the same having been filed much after the period of expiry of limitation, the revision petition is bound to abate. They also denied that Bal Chand was a member of the Joint Hindu Family firm with the above referred persons or that he was partner of the firm Messrs Manoj Kumar and Sanjay Kumar. It was also contended that Smt. Kiran respondent is not one of the legal representatives of Bal Chand deceased as her husband is still alive.