RAMESHWAR LAL Vs. PANA DEVI

JUDGEMENT

(1.) THIS appeal under Section 100 CPC is directed against the concurrent eviction decree of two courts below on the ground of subletting by the defendants-tenant. The substantial question of law involved in this case is : Whether after the dissolution of the firm M/s Dal Chand Vishveshwar Das, there is sub-letting to M/s Chand Ratan Shyam Sunder when the two partners of the original firm are the partners of the M/s Chand Ratan Shyam Sunder?

(2.) THE first appellate court vide its judgment and decree dated 28/4/1994 upheld the decree of the learned Civil Judge, Bikaner dated 6/8/1993 by which the suit no. 24/74 was decreed by the learned trial court. THE plaintiff Smt. Pana Devi w/o Shri Vishwanath and Smt. Durga Devi wd/o Bheru Baksh Vyas, both are daughters of Battu Bai, who owned the suit premises `bara' (ground) situated in Bikaner, which was let out to the defendant no. 1 Rameshwar Lal son of Ganesh Das for carrying on the business of coal by the Firm M/sdal Chand Vishveshwar Das (`dcvd' for short) on 13/7/1966 for a monthly rent of Rs. 210/ -. THE suit property was sold by said Smt. Battu Bai to the present plaintiffs Smt. Pana Devi and Smt. Durga Devi on 20/9/1969 and present plaintiffs filed a suit for eviction on the ground of default, subletting and other grounds. However, since the eviction decree was finally passed on the ground of subletting only and the substantial question of law as indicated above has been framed only on this ground, this second appeal is to be decided with reference to the above substantial question of law only. THE issue no. 3 pertaining to subletting as framed by the learned trial court in this case was as under: Whether the defendant no. 1 has parted with the possession of a portion of suit premises in favour of defendant no. 3 for its business? ***