GURDIYAL SINGH Vs. RAJ KUMAR ANEJA
LAWS(SC)-2002-2-63
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
February 04,2002
GURDIAL SINGH
Appellant
VERSUS
RAJ KUMAR ANEJA
Respondents
Cited Judgements :-
LAJJA DEVI VS. KANSHI RAM [LAWS(HPH)-2016-11-161] [REFERRED TO]AJIT SINGH SON OF BIDHI CHAND VS. MUKHTIAR SINGH SON OF SH BIDHI CHAND [LAWS(HPH)-2016-11-168] [REFERRED TO]
USHA RANI VS. RAM RATI AND OTHERS [LAWS(P&H)-2016-10-93] [REFERRED TO]
SHASHI KANT PANDEY VS. MITHILESH KUMAR @ GANGA DEVI [LAWS(ALL)-2014-1-213] [REFERRED TO]
JOSE BELARMINO ANTAO VS. FLORIANO GAMBETA DA PIEDADE AVILA [LAWS(BOM)-2010-3-215] [REFERRED TO]
NETWORK SOLUTIONS, LLC VS. NETWORK SOLUTIONS PVT. LTD. [LAWS(DLH)-2009-8-354] [REFERRED TO]
MADANILALA PRAKASHCHAND AND CO VS. AGRICULTURAL PRODUCE MARKET [LAWS(BOM)-2008-2-183] [REFERRED TO]
ARMANDO PEREIRA VS. JUDE D SOUZA [LAWS(BOM)-2009-3-185] [REFERRED TO]
ARMANDO PEREIRA VS. JUDE D SOUZA [LAWS(BOM)-2009-3-185] [REFERRED TO]
SHANTI DEVI VS. PARTAP [LAWS(P&H)-2019-12-35] [REFERRED TO]
SHASHI BHUSHAN KUMAR VS. RAVI BHUSHAN PRASAD [LAWS(PAT)-2019-7-211] [REFERRED TO]
USHA INTERNATIONAL LTD VS. UMESH CHANDRA AGARWAL AND ANR [LAWS(ALL)-2006-9-399] [REFERRED]
AJAY PRAKASH AGRAWAL VS. URMILA AGRAWAL [LAWS(ALL)-2019-2-73] [REFERRED TO]
NISHHA SOMAIA VS. OUTLOOK PUBLISHING INDIA LTD [LAWS(DLH)-2008-3-127] [REFERRED TO]
SPARSH BUILDERS VS. MAHARISHI AYURVEDA PRODUCTS [LAWS(DLH)-2009-9-222] [REFERRED TO]
KERALA NADVATHUR MUJAHIDEEN VS. HUSSAIN MADVOOR [LAWS(KER)-2006-10-30] [REFERRED TO]
HARI SINGH SON OF MUNSHI RAM VS. SH DEVENDER PRATAP SON OF KARAM SINGH [LAWS(HPH)-2016-10-165] [REFERRED TO]
SH. B.R. SAMMI SON OF LATE SH SOHAN LAL VS. STATE [LAWS(HPH)-2016-11-11] [REFERRED TO]
SH B R SAMMI SON OF LATE SH SOHAN LAL VS. SH NARINDER SINGH SON OF NIRANJAN SINGH AND ANOTHER [LAWS(HPH)-2016-11-116] [REFERRED TO]
SANTOKH SINGH VS. HARCHARAN SINGH [LAWS(P&H)-2006-1-65] [REFERRED TO]
SANTOSH TANGRI VS. VED MATTA [LAWS(P&H)-2002-10-67] [REFERRED TO]
LAKSHMI AMMAL VS. SETHURAMAYI [LAWS(MAD)-2014-8-28] [REFERRED TO]
AJENDRAPRASADJI N PANDE VS. SWAMI KESHAVPRAKESHDASJI N [LAWS(SC)-2006-12-36] [REFERRED TO]
USHA KUMARI VS. SANTHA KUMARI [LAWS(KER)-2023-6-168] [REFERRED TO]
MOHAMMAD KHALIL VS. SK. TAMIYUDDIN [LAWS(ORI)-2015-12-47] [REFERRED TO]
MAHAJAN SINGH VS. 1ST ADDITIONAL DISTRICT JUDGE, GONDA AND ORS. [LAWS(ALL)-2016-1-192] [REFERRED TO]
YARRAM KRISHNA RAO VS. MUTTAMALLA NARSAMMA [LAWS(APH)-2008-10-57] [REFERRED TO]
SPARSH BUILDERS PVT. LTD VS. MAHARISHI AYURVEDA PRODUCTS PVT. LTD [LAWS(DLH)-2013-12-30] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. ANNAPOORNA [LAWS(KAR)-2014-11-101] [REFERRED TO]
CHARAN DASS DECEASED THROUGH LRS VS. SUBHADRA DEVI AND OTHERS [LAWS(HPH)-2016-11-194] [REFERRED TO]
NEW MAHAJAN IRON STORE AND OTHERS VS. IMPROVEMENT TRUST BATALA [LAWS(P&H)-2014-9-507] [REFERRED]
SHIV RAM VS. SHAM LAL [LAWS(P&H)-2003-5-132] [REFERRED TO]
INDER PAL SINGH VS. BANKEY BIHARI [LAWS(P&H)-2003-7-207] [REFERRED TO]
NARINDER KUMAR SHIV KUMAR DHAWAN VS. SUNITA CHOPRA [LAWS(P&H)-2006-10-478] [REFERRED TO]
MULKH RAJ SON OF HANS RAJ, RESIDENT OF 92 SHAKTI NAGAR, JALANDHAR VS. DR. VIJAY KUMAR AHUJA SON OF SH. BHAGWAN DASS, PROPRIETOR AHUJA CLINIC, SHAKTI NAGAR, JALANDHAR CITY [LAWS(P&H)-2012-8-134] [REFERRED TO]
PYAREY LAL JAISWAL VS. A D J AND ORS [LAWS(UTN)-2007-9-41] [REFERRED]
AMIT ARORA VS. UNION OF INDIA [LAWS(DLH)-2011-10-131] [REFERRED TO]
MRS. ADARSH KAUR GILL VS. SMT. SURJIT KAUR GILL AND ORS. [LAWS(DLH)-2010-1-388] [REFERRED TO]
BIRLA CORPORATION LIMITED VS. BIRLA EDUCATION TRUST [LAWS(CAL)-2013-5-39] [REFERRED TO]
PYAREY LAL JAISWAL VS. A.D.J., ALLAHABAD AND OTHERS [LAWS(ALL)-2007-9-285] [REFERRED TO]
SHYAM NARAIN PANDEY VS. SUKHOO [LAWS(ALL)-2006-3-41] [REFERRED TO]
PRAHLAD KUMAR VS. SIDDNATH [LAWS(ALL)-2012-12-40] [REFERRED TO]
RAM SINGH VS. VIJAY NARAYAN SETH [LAWS(ALL)-2015-12-310] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LTD VS. PRECIOUS FINANCE INVESTMENT PVT LTD [LAWS(BOM)-2006-10-107] [REFERRED TO]
NEERA AGARWAL VS. MAHENDER KUMAR AGARWAL [LAWS(APH)-2009-3-55] [REFERRED TO]
INDIRA BHAI VS. MADHUSOODANAN [LAWS(KER)-2014-10-366] [REFERRED TO]
P SRINIVASAN VS. P GOPAL [LAWS(MAD)-2008-10-111] [REFERRED TO]
ROSHANLAL VS. KULDEEP RAI NAGPAL [LAWS(MPH)-2007-4-114] [REFERRED TO]
SMT. SUKHBIR KAUR AND ANOTHER VS. SHRI KARTAR SINGH AND OTHERS [LAWS(P&H)-2012-7-251] [REFERRED TO]
M.S.M. ABDUL RAHEEM VS. PRECIOUS CARRYING CORPORATION (P) LIMITED [LAWS(MAD)-2012-6-369] [REFERRED TO]
HARBANS LAL VS. DEV RAJ [LAWS(P&H)-2002-8-52] [REFERRED TO]
RABIYA KHATOON WIFE OF HABIBUR RAHMAN RESIDENT OF VILLAGE/P.S./P.O. VS. ANJUM KHATOON WIFE OF MD. SAHEBUDDIN RESIDENT OF VILLAGE/P.S./P.O. [LAWS(PAT)-2016-4-173] [REFERRED TO]
RAJIV BANSAL SON OF LATE MOHINDER KUMAR BANSAL VS. MANGE RAM CHAUDHARY SON OF PRITTAM SINGH & OTHERS [LAWS(HPH)-2016-11-147] [REFERRED TO]
ANUP KUMAR @ ANUP CHAND VS. SANATAN DHARAM SABHA CHHOTA SHIMLA [LAWS(HPH)-2016-11-159] [REFERRED TO]
SURJIT KAUR AND ORS. VS. DHANWANT SINGH AND ORS. [LAWS(P&H)-2009-8-207] [REFERRED TO]
RAJPAL VS. SUBHASH AND ORS. [LAWS(P&H)-2015-7-246] [REFERRED TO]
PUNDOLIK RAMA GAD VS. GANESH P. DEULKAR [LAWS(BOM)-2022-11-103] [REFERRED TO]
RAMA SHANKER KESHARI ALIAS PATALI VS. IST ADDL DISTRICT JUDGE SONEBHADRA [LAWS(ALL)-2006-2-117] [REFERRED TO]
BHAGWAN DAS VS. RENT CONTROL AND EVICTION OFFICER S D O [LAWS(ALL)-2006-5-35] [REFERRED TO]
RAMA SHANKER KESARI ALIAS PATALI VS. IST A D J [LAWS(ALL)-2006-1-8] [REFERRED TO]
PRATAP REDDY VS. M VENKAT REDDY [LAWS(APH)-2003-10-68] [REFERRED TO]
JOSE BELARMINO ANTAO VS. FLORIANO GAMBETA DA PIEDADE AVILA [LAWS(BOM)-2010-2-29] [REFERRED TO]
AMOD PRAKASH GUPTA VS. SENIOR DIVISIONAL MANAGER L I C OF INDIA [LAWS(ALL)-2005-3-174] [REFERRED TO]
Manju Singh @ Baby VS. Shanti Devi [LAWS(JHAR)-2011-11-52] [REFERRED TO]
KARAN LUTHRA VS. SH M K SUBBA [LAWS(DLH)-2018-5-638] [REFERRED TO]
MAHESH CENTRE VS. PEOPLE CHARITY FUND [LAWS(KAR)-2007-9-65] [REFERRED TO]
TILAK RAJ SON OF LATE JOGINDER NATH SOOD & ANOTHER VS. RAJINDER SOOD ALIAS RAJAN SON OF LATE RAMESHWAR NATH SOOD [LAWS(HPH)-2016-10-117] [REFERRED TO]
CHANDER SEN THAKUR SON OF TIKKAM RAM THAKUR VS. JIWA NAND SON OF LATE RAM CHAND & OTHERS [LAWS(HPH)-2016-11-133] [REFERRED TO]
DEEPIKA VASHISHT DAUGHTER OF DHARAM DUTT AND ANOTHER VS. RAKESH SINGH SON OF LATE SH DES RAJ AND ANOTHER [LAWS(HPH)-2016-11-239] [REFERRED TO]
RAM RATTAN VS. SHANTI DEVI [LAWS(HPH)-2023-9-58] [REFERRED TO]
N RAJIV NAIDU VS. R SANTHOSH [LAWS(MAD)-2010-4-677] [REFERRED TO]
MAHANT KAPIL DEV VS. PARKASH WATI [LAWS(P&H)-2012-5-164] [REFERRED TO]
VINOD KUMAR ARORA VS. SANTOSH KUMARI [LAWS(P&H)-2004-12-3] [REFERRED TO]
SRI RANA PRATAP SINGH VS. KANAKLATA [LAWS(UTN)-2004-9-33] [REFERRED TO]
SATYA DEVI AND ANR. VS. ADMINISTRATOR OFFICER AND ORS. [LAWS(RAJ)-2013-7-222] [REFERRED TO]
PREM PUROHIT VS. HEMANDAS [LAWS(RAJ)-2004-3-10] [REFERRED TO]
JAGBIR SINGH VS. CHARANJIT SINGH [LAWS(P&H)-2019-3-391] [REFERRED TO]
REGHUNATHAN NAIR VS. BOBBY A. THOMAS [LAWS(KER)-2022-8-107] [REFERRED TO]
SH HARSH S/O LATE SH KISHORI LAL & OTHERS VS. SH HARISH KUMAR S/O LATE SH HEM CHAND & OTHERS [LAWS(HPH)-2016-10-120] [REFERRED TO]
INDIA FITNESS CONNECT PVT LTD VS. OZONE SPA PVT LTD & ANR [LAWS(DLH)-2018-1-323] [REFERRED TO]
KHUSHI LAL VS. RAMCHAND MOTWANI [LAWS(MPH)-2004-4-30] [REFERRED TO]
RAJNISH SINGH VS. A & A CHEMICALS AND GLUE WORKS (PVT. LTD.) AND ORS. [LAWS(P&H)-2015-11-32] [REFERRED TO]
IMTIAZ AHMAD VS. ADDL DIST JUDGE [LAWS(ALL)-2005-10-179] [REFERRED TO]
RAJENDRA AND OTHERS VS. VII ADDITIONAL DISTRICT JUDGE, GHAZIABAD AND OTHERS [LAWS(ALL)-2006-3-342] [REFERRED TO]
SANTANA MUKHARJEE VS. UNIL KUMAR SAHA [LAWS(CAL)-2007-2-7] [REFERRED TO]
MAHIDHAR DWIVEDI & ANOTHER (OBJECTION FILED) VS. SPECIAL JUDGE S.C./S.T. ACT GONDA & OTHERS [LAWS(ALL)-2014-12-372] [REFERRED TO]
HARIHAR AUTOMOBILES (P) LTD. THRU M.D. G.D. AGARWAL VS. P.L. BHARGAVA [LAWS(ALL)-2014-11-411] [REFERRED TO]
NEENA KHANNA VS. PEEPEE PUBLISHERS AND DISTRIBUTORS PVT. LTD. [LAWS(DLH)-2009-7-359] [REFERRED TO]
MOHAMMED ABDUL WAHID VS. NILOGER [LAWS(BOM)-2016-6-236] [REFERRED TO]
LIGORIO RODRIGUES VS. QUITERIA SILVEIRA E RODRIGUES [LAWS(BOM)-2011-4-152] [REFERRED TO]
RAM RICHPAL JAIN VS. DARA KHURSHADJI AMROLIA [LAWS(BOM)-2011-6-180] [REFERRED TO]
YERRAM KRISHNA RAO VS. MUTTAMALLA NARSAMMA [LAWS(APH)-2009-10-44] [REFERRED TO]
ARVIND GARG VS. NEETA SINGHAL [LAWS(DLH)-2013-12-57] [REFERRED TO]
THE NEW INDIA ASSURANCE CO. LTD. VS. VIJAY SINGH & ORS. [LAWS(RAJ)-2015-11-197] [REFERRED TO]
DHIRUBHAI LAXMANBHAI DOBARIYA VS. ASHWIN JAYANTILAL DOSHI [LAWS(GJH)-2022-4-1170] [REFERRED TO]
BALA VS. RAJ KUMAR [LAWS(ALL)-2018-5-332] [REFERRED TO]
KULDEEP SAXENA VS. ADDL. DISTRICT JUDGE, ROOM NO.2, LUCKNOW & 4 OTHER [LAWS(ALL)-2015-12-318] [REFERRED TO]
SARDAR JASPAL SINGH VS. MANOJ KUMAR AGARWAL [LAWS(ALL)-2014-3-6] [REFERRED TO]
JAYABHARAT CREDIT and INVESTMENT CO LTD VS. ARUN KUMAR GHOSH [LAWS(CAL)-2005-5-44] [REFERRED TO]
SUBHASHINI MALIK VS. S.K. GANDHI & ORS. [LAWS(DLH)-2016-9-123] [REFERRED TO]
ANA COLACO (SINCE DECEASED THROUGH LEGAL REPRESENTATIVES MRS CONNIE PINTO DAUGHTER OF THE DECEASED AND ORS ) VS. THOMAS COLACO (SINCE DECEASED THROUGH LEGAL REPRESENTATIVES MRS DELAILAH COLACO AND ORS ) [LAWS(BOM)-2010-10-285] [REFERRED]
DEVENDRA MOHAN VS. STATE OF U P [LAWS(ALL)-2004-1-37] [REFERRED TO]
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JUDGEMENT
R. C. Lahoti, J. -
(1.)There is a property described as ' Gurdial Complex' situated at SCO1108-1109, Sector 22-B, Chandigatrh. Admittedly, the property is owned by Sqn. Ldr. Gurdial Singh (Retd). Mrs. Jasmer Kaur, Mrs. Jagjit Kaur, Miss Sonia Bal and Vikram Singh Bal, Gurdial Singh holds general power of attorney on behalf of other four co-owners. Collectively they will be referred to as 'Owners' for the sake of brevity.
(2.)Kashmir Lal Goyal, Advocate, defendant No. 1 before the Rent Controller (respondent No. 3 herein) claims to be a tentant, also alleged to be so by owners and will be referred to as 'Goyal'. Out of the persons inducted in possession of the premises by Goyal, only two, namely Raj Kummar Aneja and Rakesh Sharma, Advocate were revision petitioners before the High Court and are respondents Nos. 1 and 2 before us. There is a dispute as to the character of occupation and the status of these two-whether they are sub-tenants or tenants under the owners. They will be collectively referred to as 'occupants'.
(3.)On 6th January, 1988, a registered Deed of Lease was executed between owners and Goyal whereby 750 sq. ft. area on the first floor of Gurdial Complex was taken on lease by Goyal on a monthly rent of Rs.5,000/-. The duration of lease was to expire on 31st December, 1990. However, on 26th April, 1990, there was a fresh Deed of lease executed between owners and Goyal whereby a portion of the first floor of gurdial Complex shown in green lines annexed with the Deed of Lease, was taken on rent at the rate of Rs. 16,000/- p.m. by Goyal. The lease commenced w.e.f. 1st May, 1990. Duration of lease was three years, terminable even in between by three months' notice on either side. The relevant terms of the lease may briefly be noticed. The lease rent of Rs. 16,000/- p.m. was payable in advance by seventh day of the current calendar month and if that was so done, Goyal was entitled to a rebate of Rs. 3,000/-. An amount of Rs. 26,000/- was deposited as interest free security with the owners to be retained during the currency of the lease and till Goyal remained in occupation of the premises as lessee. In specified cases of delay in payment of lease rent, interest @ 18% was leviable for the period of delay, Goyal was to vacate the leased premises on or before 30th April, 1993. However, the lease agreement could be renewed for another period of three years by mutual consent and agreement in writing in which case lease rent was to be revised with an increase in rate of rent by 15%. There could be yet another renewal of three years expiring with 30th April, 1999 subject to another upwards revision in rate of rent at 15%. However, the incentive of Rs. 3,000/- for advance payment of rent before seventh day of current month was to remain the same in spite of first and second renewals. It was expressly stipulated that Goyal would not sublet any portion of the leased premises, partially or in full, to anyone under any condition and circumstances. In the event of subletting, apart from legal consequences flowing from subletting, Goyal was to lose the privilege of earning rebate of Rs. 3,000/- p.m. and also to become liable to pay a penalty @ Rs. 5,000/- p.m. for the entire period till the premises were got vacated from the sub-tenants and possession handed back to owners.
(2.)Kashmir Lal Goyal, Advocate, defendant No. 1 before the Rent Controller (respondent No. 3 herein) claims to be a tentant, also alleged to be so by owners and will be referred to as 'Goyal'. Out of the persons inducted in possession of the premises by Goyal, only two, namely Raj Kummar Aneja and Rakesh Sharma, Advocate were revision petitioners before the High Court and are respondents Nos. 1 and 2 before us. There is a dispute as to the character of occupation and the status of these two-whether they are sub-tenants or tenants under the owners. They will be collectively referred to as 'occupants'.
(3.)On 6th January, 1988, a registered Deed of Lease was executed between owners and Goyal whereby 750 sq. ft. area on the first floor of Gurdial Complex was taken on lease by Goyal on a monthly rent of Rs.5,000/-. The duration of lease was to expire on 31st December, 1990. However, on 26th April, 1990, there was a fresh Deed of lease executed between owners and Goyal whereby a portion of the first floor of gurdial Complex shown in green lines annexed with the Deed of Lease, was taken on rent at the rate of Rs. 16,000/- p.m. by Goyal. The lease commenced w.e.f. 1st May, 1990. Duration of lease was three years, terminable even in between by three months' notice on either side. The relevant terms of the lease may briefly be noticed. The lease rent of Rs. 16,000/- p.m. was payable in advance by seventh day of the current calendar month and if that was so done, Goyal was entitled to a rebate of Rs. 3,000/-. An amount of Rs. 26,000/- was deposited as interest free security with the owners to be retained during the currency of the lease and till Goyal remained in occupation of the premises as lessee. In specified cases of delay in payment of lease rent, interest @ 18% was leviable for the period of delay, Goyal was to vacate the leased premises on or before 30th April, 1993. However, the lease agreement could be renewed for another period of three years by mutual consent and agreement in writing in which case lease rent was to be revised with an increase in rate of rent by 15%. There could be yet another renewal of three years expiring with 30th April, 1999 subject to another upwards revision in rate of rent at 15%. However, the incentive of Rs. 3,000/- for advance payment of rent before seventh day of current month was to remain the same in spite of first and second renewals. It was expressly stipulated that Goyal would not sublet any portion of the leased premises, partially or in full, to anyone under any condition and circumstances. In the event of subletting, apart from legal consequences flowing from subletting, Goyal was to lose the privilege of earning rebate of Rs. 3,000/- p.m. and also to become liable to pay a penalty @ Rs. 5,000/- p.m. for the entire period till the premises were got vacated from the sub-tenants and possession handed back to owners.
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