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1976 Supreme(SC) 275

A.C.GUPTA, Y.V.CHANDRACHUD
Niranjan Kumar – Appellant
Versus
Dhyan Singh – Respondent


Advocates:
K.K.Garg, Kamlesh Bansal, M.C.Manchanda, S.C.AGRAWAL, URMILA KAPUR, V.J.Francis

JUDGMENT

CHANDRACHUD, J.:—On January 30, 1963 respondent 1 gave a shop on rent to respondent 2, Sat Parkash, for a period of eleven months commencing on February 1, 1963. The rent not executed by respondent 2 in favour of respondent 1 reads as follows:-

"I, Sat Parkash son of Amritsaria Mal Aggarwal of Samrala, am the tenant. Whereas a shop known as Karkhana Pucca bounded as follows ... and situated at Samrala is owned by Shri Dhian Singh.... Now, therefore, I have taken the said shop for a period of 11 months from 1-2-1963 to 31-12-1963 at a rent of Rs. 500/- per annum. The agreement is that rent for a year has been paid in advance against a receipt. I shall not let it out further to anybody and if I do, I shall be liable to ejectment. If the owner needs (the shop) for himself any time, I shall vacate (it) on a six months notice without demur. Hence I have executed this rent note on the 30th of January, 1963.

Sd. Sat Parkash

Tenant."

A partnership firm called M/s. Sat Parkash Single and Brothers of which respondent 2 and three of his brothers were partners occupied the shop, evidently on the authority of the rent note, and continued its business in the shop even after the expiry of th












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