SUDESH KUMAR Vs. GURWANT SINGH

JUDGEMENT

(1.) During the pendency of the suit filed before the Court of learned Special Mobile Magistrate, it appears that the tenant/petitioner herein had paid the arrears of rent to one of the landlords in regard to which an agreement dtd. 8/4/2017 was executed between them. Based upon the payment and the agreement executed, an application was filed by the defendant/petitioner herein, questioning the maintainability of the suit.

(2.) The Court below appears to have considered the application by placing reliance on "Sharfuddin Vs Bibi Khatija, 1988 0 AIR(Pat) 58" and "Ghulam Hussain Wani Vs Bashir Ahmed, 2005 (II) SLJ J&K 520" held that each of the landlord had a right to recover the rent from the tenant/defendant to the extent of their share and that the said right was distinct. The Court below, therefore, held that even one of the plaintiffs could continue to proceed with the suit notwithstanding the fact that an agreement had been entered into between the defendant and one of the landlords.

(3.) Having heard learned counsel for the petitioner and having perused the order impugned, in my opinion, the view expressed by the Court below does not suffer from any illegality or perversity. The petition is found to be without any merit and is, accordingly, dismissed along with connected IA.