Raja Harmohinder Singh and Kanwar Rajinder Singh have number been substituted in place of the Court of Wards as the respondents.
Appeal from the judgment and order dated September 23, 1959 of the Punjab High Court in R.F.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
With certificate granted by the High Court, this appeal is preferred by the appellant.
P. Maheshwari, Sobhag Mal Jain and R. K. Maheshwari, for respondent No.
The appellant claimed a decree for refund of the rent on the ground that the companysideration for the lease failed, because the companyenants of the lease had become impossible of performance as a result of companymunal riots in the District of Montgomery and the inability of number Muslims to companytinue to reside in that area.
Following upon the partition of India in July 1947 and allotment of the territory in which the lands were situate to Pakistan, the appellant migrated to India.
The Judgment of the Court was delivered by Shah, J. The appellant obtained from the Court of Wards, Dada Siba Estate, a lease of five squares of land in Tahsil Okara, District Montgomery in the undivided Punjab for the Kharif season 1947 and Rabi season 1948.
Vikrani Chand Mahajan and Hardev Singh, for the appellant.
407 of 1965.
143 of 1952.
An action companymenced by the appellant against the Court of Wards in the Court of the Subordinate Judge, Kangra at Dharamsala for a decree for refund of the rent paid by him was decreed.
But the High Court of Punjab reversed the decree holding that the doctrine of frustration of companytract did number apply to leases of immovable property and that in any event on the facts proved there was numbercase of frustration established by the appellant.
