TRALOK CHAND Vs. ARJUN SINGH

JUDGEMENT

(1.) The appellants above named have preferred this appeal against the decision given by the court of the Senior Sub-Judge, Sirmur District in suit No. 137/1 of 1970 on his file dismissing the appellants' suit for possession of the suit premises and eviction of the respondent-defendants therefrom. The suit is with reference to the premises known as old Khalsa Hotel situated on the Mall, Solan bearing Municipal Nos 71/2 and 71/3. The respondents herein are the heirs and legal representatives of late Sardar Kartar Singh who was occupying the suit premises having initially taken them on lease.

(2.) The record of the case shows that the deceased Kartar Singh originally executed rent note Ex. P-15 in favour of one Lala Ram Chander, father of the plaintiffs, on 19-10-1935. That rent note was for a fixed period of two years. Reference to the rent note shows that Kartar Singh has executed this rent note as proprietor of "Pratap Khalsa Hotel" i. e. in his personal capacity. The record further reveals that even after the expiry of the above said period of two years the said Kartar Singh continued to occupy these premises as tenant. On 27-71947 he is found to have executed another rent note as found at Ex. P-16 in favour of the present appellants Trilok Chand and Prem Chand, sons of said Ram Chander. Even this rent note is executed by Kartar Singh in his personal capacity as the proprietor of Pratap Khalsa Hotel. This rent note was for a fixed period of one year i. e. up to the end of March 1948. Even after the expiry of the period stipulated by this rent note Kartar Singh continued to occupy the premises. Then on 11-6-1954 he executed yet another rent note in favour of the plaintiffs as found at Ex, P-17. Even this rent note was for a fixed period of one year, and the lease in terms of this rent note expired on 31-3-1965.

(3.) Evidence further reveals that thereafter on 21-11-1955 said Kartar Singh filed a petition under Section 4 of the Punjab Urban Rent Restriction Act, 1949 as applied to Himachal Pradesh in the Court of the Rent Controller, Solan for the fixation of the fair rent of the premises as per copy found at Ex. P-18. This application was filed against Smt. Kundan Devi, the widow of Lala Ram Chandra, the original landlord, Evidence reveals that before that on 22-8-1955 said Kundan Devi had filed an application in the court of the Rent Controller, Solan for eviction of Kartar Singh from the suit premises on the ground that the premises were required for reconstruction and remodelling and that the applicant wanted to start her own business in these premises after the reconstruction. A copy of this application is found at Ex. P-19 Reply filed by Kartar Singh in that application for eviction is found in the record of the case at Ex P-20 which is dated 4-10-1955.