NEW BANK OF INDIA Vs. SUKHBIR SINGH SETHI

JUDGEMENT

(1.) This is a tenants revision against the judgment dated 10.10.1996 passed by Appellate Authority (2), Shimla. By means of impugned judgment, Appellate Authority below has allowed the appeal filed by the landlords -respondents and has set aside the order of the Rent Controller below. While allowing the appeal of the landlords -respondents, the eviction petition has been remanded to the Rent Controller (1), Shimla for disposal in accordance with law. This judgment has been questioned by the tenants in this revision petition.

(2.) In order to properly understand the controversy involved in this revision, it is necessary to refer to a few material facts relevant in this case. Landlords filed the ejectment petition against the tenants on the ground of premises having been sub let by New Bank of India to Punjab National Bank, and the latter being in exclusive possession of the entire premises without any consent of the landlords. Further case of the landlords was that it is the P.N.B. through its Regional Manager and employees and servants who is in exclusive possession of the entire tenanted premises. It was further the case of the landlords that the premises in question were initially let out by means of a registered lease deed on 15.6.1974 to New Bank of India. Landlords had reason to believe that under Notification issued by Government of India, Ministry of Finance (Banking Division), on 4.9.1993 New Bank of India was amalgamated with the Punjab National Bank and all assets and liabilities of New Bank of India were taken over by the Punjab National Bank.

(3.) This petition was contested and resisted by the tenants who pleaded that this is not a case of sub letting or parting with possession, rather due to amalgamation of New Bank of India with Punjab National Bank name has been changed and staff has swapped places. A notification of such amalgamation was issued under Section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Thus the claim of the landlords was repudiated by the tenants. On the basis of the pleadings of the parties, trial Court framed following issues on 24.2.1994