GIAN CHAND Vs. FIRM ROSHAN LAL MOHAN LAL AND ANOTHER
LAWS(P&H)-1980-9-86
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 15,1980

GIAN CHAND Appellant
VERSUS
FIRM ROSHAN LAL MOHAN LAL AND ANOTHER Respondents

JUDGEMENT

- (1.) This revision petition on behalf of the landlord is directed against the order of the Appellate Authority, Sangrur, dated 15th September, 1974 whereby this appeal seeking eviction of the respondents on the ground of sub letting was dismissed. The facts which are not in dispute are as follows :
(2.) On 21st March, 1967, the firm Roshan Lal Mohan Lal took the shop in question on rent for a period of one year, i.e. 1st April, 1967 to 31st March, 1968 at a rental of Rs. 800/- per annum. At a later stage this firm was dissolved and one of its partners namely Mohan Lal became member of another firm i.e. Gidhari Lal and Co. respondent No. 2. The petitioner filed the present application for the eviction of the said respondent on the ground that the firm M/s Roshan Lal Mohan Lal had sublet the property to M/s Girdhari Lal and Co.
(3.) After an elaborate discussion and a critical examination of the evidence on record both the lower Tribunals have come to a conclusion that in view of the terms and conditions of partnership-deed Exhibit R.1 entered into between Mohan Lal, Girdhari Lal and Kartar Singh it has not been proved that there has been any subletting by respondent No. 1 to respondent No. 2. This partnership deed has been found to be a genuine document and not a mere device for covering up the subletting.;


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