KESAR SINGH Vs. PUSHAP LATA

JUDGEMENT

(1.) The landlord has come in revision against judgment dated 13.11.2000 passed by the learned Appellate Authority, Shimla in Civil Misc. Appeal No. 45-S/14 of 1998 reversing judgment dated 18.5.1998 passed by the learned Rent Controller, Court No. 3, Shimla in case No. 66/2 of 1996/93.

(2.) The Petitioner had filed ejectment petition under Section 14 of the H.P. Urban Rent Control Act, 1987 (for short 'Act') against Yash Paul Sood predecessor- in-interest of Respondents No. 2(a) to 2(d) on the grounds that Yash Paul Sood had sublet the premises in favour of Devinder Singh predecessor-in-interest of Respondents No. 1 (a) to 1(c). The petition was contested by Yash Paul Sood by filing reply and he took preliminary objections that there was no relationship of landlord and tenant and Petitioner was estopped from filing the petition. On merits, he took the stand that Devinder Singh had been tenant in the premises for the last 26 years. It was also submitted that in the year 1963, he (Yash Paul Sood) took the premises on rent, he lateron surrendered the tenancy and Devinder Singh was accepted tenant by Petitioner in the premises. It was denied that premises was sublet by him to Devinder Singh.

(3.) The Petitioner filed an application under Order 1 Rule 10 Code of Code of Civil Procedure for impleading Devinder Singh which was allowed and Devinder Singh was impleaded as Respondent in the petition. Devinder Singh also contested the petition and took the plea of estoppel. He pleaded that he had been inducted tenant about 26 years back in the premises. He denied subletting and took the plea of limitation. The Petitioner filed replications. It was submitted that premises was rented out to Yash Paul Sood by Smt. Gokli Devi mother of the Petitioner and after her death, the premises had fallen into the share of the Petitioner in partition between two brothers Kesar Singh and Sukhdev. notice of partition was served on Yash Paul Sood. It was denied that Devinder Singh was inducted as tenant in the premises.