CHAIN SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This second appeal of defendant-tenant is directed against the concurrent decree of eviction against the appellant-defendant on the ground of sub-letting under section 13 (1) (e) of the Rent Control Act. 1950.

(2.) The facts in nut shell are like this. The suit shop in question situated at Residency Road, Udaipur was let out to Chain Singh S/O Sagat Singh for carrying on the business as Narayan Dudh Bhandar. The suit was filed in the year 1988 for eviction inter alia on the ground of default and sub-letting. The learned Trial Court decreed the suit 232/1988, Mahendra Singh v. Chain Singh and another, on 22.8.1994 and while giving the benefit of first default, granted decree of eviction on the ground of sub-letting in favour of one Prem Singh S/o Bakhtawar Singh. The Courts below have found that licence under the Prevention of Food Adulteration Act in respect of business of selling milk and milk products at the suit premises was in the name of the sub-lettee Prem Singh S/o Bakhtawar Singh and even though the shop in question was let out by Kesar Bai, mother of the plaintiff Mahendra Singh S/ o Sohan Lai way back in the year 1968, the said Chain Singh was not actually carrying on the business of sale of milk and milk products, but since 1988. said sub-lettee Prem Singh was carrying on the said business under the licence and registration issued in his favour on 31.3.1974. The substantial question of law framed at the time of admission are reproduced as under:-

(3.) The defence set up by the defendant-tenant that since Prem Singh was working with the original tenant Chain Singh in the capacity of his servant and was also distant relative and that they had entered into oral partnership and and profit from business of said sale of milk and milk products were shared equally between the two, was not believed by the learned Courts below and on the basis of evidence recorded by the learned Trial Court in the form of P.W. 1 Sohan Lai, P.W. 2 Satya Pal and P.W. 3 Sunil Agarwal on behalf of the plaintiff and D.W. 1 Chain Singh, D.W.2 Lalu Ram, D.W.3 Prem Singh and D.W.4 Bhanwar Lai on behalf of the defendants, the learned Court below held that partnership between the two was not proved and since the said sub-lettee, Prem Singh was found to be in possession of shop in question, it was a case of subletting and parting with the possession of the suit ship in question by the original tenant, Chain Singh and said Prem Singh was carrying on the business in the suit shop and therefore, the learned Court below decreed the suit of eviction under section 13 (1) (e) of the Act. The mesne profit of is 80/-per month was fixed and arrears of rent were to be paid with 6% interest in the decree dated 22.8.1994.