Mahesh Chander Kumar vs Bhagwan Singh Saini on 3 July, 2023
reported in AIR 1966 SC 1361 to submit that where the tenant is in
possession of only a portion of the premises, the learned Trial Court is under
an obligation to apportion the rent in respect of the portion in possession of the
tenant only. Applying the same to his case, Mr. Suri submits that since the
petitioner claims to be without possession of the subject suit property, the
learned Trial Court is under an obligation to suspend the sentence till such
time the Trial Court apportions the rent in accordance with the possession. To
Signature Not Verified
Digitally Signed
By:VINOD KUMAR CM(M) 701/2023 Page 6 of 18
Signing Date:04.07.2023
15:54:10
the same effect, learned counsel also relies upon the judgment of this Court in
"Kailash Chand vs. Gayatri Devi Bhargava" reported in 1973 9 DLT 409.