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Firm Munshi Lal Hari Om Raj Nandi And Ors. vs Bankey Lal Hira Lal And Ors. on 21 September, 1972

16. The learned Single Judge of this Court heard the counsel for the parties and after noting down the authorities namely Trojan and Co. v. RM. N.N. Nagappa Chettiar, AIR 1953 SC 235, Sadhu Singh S. Jiwan Singh v. Shamsher Singh Josh and Ors., AIR 1965 Punjab 457, Kirpal Singh v. Kishan Singh, 1980(1) RLR 20 and Atma Ram v. Shyam Sunder and Anr., 1981 (1) RLR 230 referred to by the counsel for the petitioner and the authorities namely Chiranji Lal and Ors. v. Hira Lal, (1964)66 PLR 292, The Punjab Rajasthan Goods Carrier and Ors. v. Onkar Mal and Anr., (1976)78 PLR 364 and Joginder Singh v. Sarup Singh and Anr., 1971(2) RCR 306 referred to by the counsel for the respondents noticed that a question then arises as to whether the landlord can claim the rent from the tenant-in-chief only or from tenant as well, and in case he does not claim the rent from the tenant whether he is liable to pay the rent to the landlords. After noticing the contents of the authorities cited by both the parties, learned Judge held that there appears some divergence of views in the cases referred to by the counsel for the parties and, thus, it would be proper if this revision petition is decided by a Division Bench. At a later stage, the case was referred to, by order of the Hon'ble Chief Justice, before a Full bench for decision.
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