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2002 DIGILAW 1054 (PNJ)

Devi Dass v. Om Parkash

2002-10-09

JASBIR SINGH

body2002
Judgment Jasbir Singh, J. 1. Petitioner-landlord filed an application for eviction of respondents-tenants on the ground of non-payment of rent, sub-letting and material alterations. Before the trial Court, he failed and appeal filed by him was also dismissed. Hence, this revision petition. 2. Sh. Giani appearing for the petitioner has, primarily argued on the point of subletting of the demised premises to a new firm. As is apparent from the record and perusal of the orders passed by both the Courts below, that initially, property was let out to firm M/s Kirpa Ram Shankar Dass having three partners namely Shankar Dass, Pyare Lal and Om Parkash. Subsequently, one of them died. Om Parkash left his share in favour of Pyare Lal and due to that a new firm was constituted consisting of three partners namely Pyare Lal, Baldev Raj and Chhajju Ram. Both the courts below had found that by reconstitution of firm, it does not amount to discontinuation of the earlier firm and no sub-letting is involved. Courts below had relied upon two judgments of this Court titled as Bhagwan-Dass v. Sham Sunder and Ors., 1980(1) R.L.R. 791 and Hukam Chand and others v. Chahria Ram, 1980(1) RCR 521. 3. Mr. Giani, unsuccessfully, tried to distinguish those judgments by stating that these are not applicable to the facts of this case. 4. Opinion arrived at by both the Courts below is based upon proper appreciation of law and evidence on record. 5. Counsel for the petitioner has failed to indicate any legal infirmity in the orders passed on the basis of which any interference can be made by this Court in the concur rent findings of facts arrived at.