- (1.) THIS petition raises the question whether a tenant is at liberty to controvert his landlord's title while he retains the possession under which he originally entered.
(2.) SOME twenty years ago Sant Ram plaintiff who is the tenant of a certain shop situate in Pat-hankot, leased it out to Sain Das defendant on a certain rent which was later raised to Rs. 22/-per mensem. The defendant ceased paying rent to the tenant with effect from 1-2-1956 and started remitting rent to Ramsaran Das dharamarth Trust, the paramount owner of the property. The plaintiff thereupon brought a suit out of which this petition has arisen, for the recovery of a sum of rs. 500/- on account of arrears of rent for the period 1-2-1956 to 31-1-1958. The trial Court granted a decree in favour of the plaintiff, and the order of the trial court was upheld by the Senior Subordinate Judge of Gurdaspnr. The defendant has now come to this Court in revision.
(3.) IT is common ground that the relationship of landlord and tenant exists between the plaintiff and the defendant, that the defendant has paid no rent to the plaintiff for the period, 1-2-1956 to 31-1-1958 and that he has paid the rent for this period to the Trust who. as I have stated already, is the paramount landlord. The simple question which arises for decision therefore is whether the payment of rent to the paramount landlord has had the effect of extinguishing the debt which was due from the defendant to the plaintiff.;