TOLARAM Vs. FAKHRUDDIN

JUDGEMENT

(1.) THIS is a tenant's appeal in a suit for ejectment/and rent.

(2.) THE suit property consists of first and second floor of the building bearing No. AMC XI/192 (New number) situated in Nala Bazar, Ajmer. THE appellant was a tenant of the Custodian, Evacuee Properties, that subsequently the property was released and by means of a letter dated 7th October, 1959, appellant was asked to pay rent at the rate of Rs. 5/- P. M. for the portion occupied by him from 6-5 59 and onwards to Syed Fakhruddin plaintiff. On 23rd January, 1959, Syed Fakhruddin executed a lease in favour of plaintiff No. 2 Tarachand of the entire property including the first and Second floor in the building for a period of two years at a monthly rent of Rs. 37/-, for one year that is Rs. 334/- having been paid in advance. After the said lease, Fakhruddin gave a notice to the appellant dated 13. 2. 1959 to attorn to plaintiff No. 2 and to pay rent to him, but he did not do so and continued to make defaults in payment of rent. Appellant was served with a notice to quit the premises by the mid-night of 19th April, 1960, but he did not do so. It was alleged in the plaint that the appellant had committed three defaults of two months each within a period of eighteen months and was thus liable to ejectment.

(3.) IT will, therefore, be clear that a lessor can validly create a second lease and after it the reversionary right of the lessor is transferred and the subsequent lessee becomes entitled to eject the previous lessee.