BANWARI LAL AND ANOTHER Vs. BATTUMAL AND ANOTHER

JUDGEMENT

(1.) This is a second appeal by the alleged joint tenants of the premises belonging to the landlord Respondent No. 1 against the order of eviction passed by the Controller against them and in favour of the landlord which order was confirmed by the Rent Control Tribunal which dismissed the appeal by the alleged joint tenants in limine. The main reason why the second appeal was admitted was the complaint by the appellants that the Rent Control Tribunal gave concurrent findings of fact based on evidence without calling for the record.

(2.) The landlord based his application for eviction before the Controller on the following grounds:

(3.) The landlord had specifically pleaded that the tenancy of Raj Kumar was terminated under section 106 of the Transfer of Property Act by notice duly served on the tenant Raj Kumar, copies of which were also served on his brothers, the appellants. The landlord had also pleaded that he had obtained the requisite permission of the competent authority for the eviction of the tenant Raj Kumar and that a certified copy of the said order was filed with the application.