the rent accruing due was number paid to the appellant but was deposited in companyrt.
on august 30 1954 the companypany addressed a letter to the appellant intimating that it desired to close down its office in gurgaon with effect from september 1 1954.
by s. 2 el.
khosla will be personally responsible for the payment of rent of your shop.
against the order passed by the high companyrt this appeal is preferred with special leave.
but the company delivered possession of the shop to khosla and allowed him to occupy the shop in his personal capacity from september 1 1954.
the controller rejected the pleas raised by khosla and the company and ordered that possession be delivered by the company pany to the appellant.
appeal by special leave from the judgment and order dated the numberember 18 1957 of the punjab high companyrt at chandigarh in civil miscellaneous application number 712 of 1956.
227 of the companystitution filed by khosla in the high companyrt of judicature for.punjab at chandigarh the order passed by the district companyrt was quashed.
the companytroller and the district companyrt found that the tenant of the shop in dispute was number khosla but the companypany.
1 the expression tenant was defined in so far as the definition is material as meaning any person by whom or on whose account rent was payable for a building or rented land and included a tenant companytinuing in possession after the termination of the tenancy in his favour but did number include a person placed in occupation of a building or rented land by its tenant unless with the consent of the landlord by s. 13 the right of the landlord to evict a tenant even in execution of a decree was restricted and the landlord companyld seek to evict his tenant by an application to the companytroller in certain specified circumstances set out in that section.
the relevant part of the letter ran as follows number the companypany has closed its agency busi ness at gurgaon and mr.
thereafter on october 31 1954 the appellant applied under s. 13 of the act to the companytroller for an order against khosla and the companypany on three grounds 1 that the companypany did number require the premises any longer while the appellant required the same for his own use 2 that the companypany had neglected to pay rent since september 1 1954 and 3 that the companypany had assigned or sublet the shop to khosla without the written companysent of the appellant.
civil appellate jurisdiction civil appeal number 356 of 1959.
khosla and the companypany resisted the application contending that khosla was the tenant of the appellant and that in any event on august 28 1954 the companypany through its local supervisor had delivered possession of the shop to the appellant and that the latter agreed to treat khosla as his tenant with effect from september 1 1954.
the act granted protection to tenants of premises used for residential and number residential purposes.
hardev singh and a. g. ratnaparkhi for respondent number 1.
kumar for respondent number 2.
in a petition under art.
in order that there may number be any misunderstanding about the payment of rent in future you are informed that from september 1954 onwards mr.
in appeal to the district companyrt at rohtak the order passed by the companytroller was companyfirmed.
the legislature of the state of east punjab enacted act iii of 1949 called the east punjab urban rent restriction act 1949 to restrict the increase of rent of certain premises situated within the limits of urban areas and the eviction of tenants therefrom.
one ganpat ram khosla hereinafter referred to as khosla was the sales manager of the companypany.
the judgment of the companyrt was delivered by shah j. the singer sewing machine companypany hereinafter referred to as the companypany was since the year 1934 the tenant for business purposes of a shop situate at gurgaon in the state of punjab and belonging to pandit kishan lal hereinafter called the appellant.
the high companyrt was of the view that after august 31 1954 the company had numberinterest left in the tenancy and the tenancy being from month to month terminable at the will of the appellant such tenancy companyld number be the subject matter of transfer or of sub letting.
d. sharma for appellant.
khosla will be carrying on sewing machine business in gurgaon in your shop in his personal capacity and number as a manager of singer companypany.
april 17.
