GURDEV SINGH Vs. SURJIT KUMAR ALIAS JIT ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) Heard Counsel. The first appellant is recorded to be dead. His LRs. are prosecuting this appeal. The deceased appellant filed an ejectment application against the respondents herein on the grounds that the first respondent has sub-let the suit premises to the second respondent without a written consent; that the suit house is in dilapidated condition and therefore, unfit and unsafe for human habitation ; that the house was required for his personal use and occupation after reconstruction thereof and that the respondent had not paid the rent since May, 1985 onwards. The first respondent remained ex parte. The second respondent opposed vehemently the ejectment application. The contention of the second respondent was that he was the direct tenant and the grounds in support of ejectment application were wholly untenable and the application itself was liable to be dismissed. The learned Rent Controller accepting the case of the second respondent dismissed the ejectment application. On appeal by the deceased first appellant, the Appellate Authority also concurred with the Rent Controller and consequently dismissed the appeal. On further revision, the High Court dismissed the revision in limine. Hence the present appeal by special leave has been preferred by the landlord.

(3.) When the Special Leave Petition No. 23300/95 came up for orders on 30-10-1995, this Court passed the following Order:-