MELA SINGH Vs. HARKIRAT SINGH

JUDGEMENT

(1.) The petitioner here is the owner of a house bearing No. 94 situated in Pursharthi Basti, Simla. This property originally belonged to the evacuee and it vested in the Central Govt. under the Displaced persons Compensation and Rehabilitation Act. Respondent No. 1 was a tenant of the ground floor of this house from the year 1948. The petitioner purchased the house in October, 1955 from the Central Government and a deed of conveyance was executed in his favour on the 18th April, 1966 under which the petitioner was declared the owner of the premises with effect from the Ist of October, 1955.

(2.) When the petition came up' for hearing before the Rent Controller the first respondent tendered to the petitioner the entire amount claimed by the latter as the arrears of rent and the latter also accepted this payment, thereby giving up his claim of eviction on the ground of non-payment of rent. Therefore, the learned Rent Controller framed the following issues :-

(3.) The petitioner thereupon preferred an appeal before the Appellate Authority, Simla. The latter while disagreeing with the finding of the Rent Controller that the first respondent was not a statutory tenant and holding that no notice under Section 105 of the Transfer of Property Act was required, however agreed with the finding of the Rent Controller that the petitioner had not proved that the first respondent had sub-let or otherwise transferred his rights under the lease to the second respondent. He also held that the alleged sub-letting having taken place during the period when the property was exempted from the operation of the Act, the petitioner could not claim the eviction of the respondents under Section 13(2) (ii) of the Act. He, therefore, dismissed the appeal of the petitioner.