BABU SHAHBUDDIN Vs. GHISA RAM

JUDGEMENT

(1.) In this second appeal, the main question is whether the suit for' ejectment and arrears of rent etc. filed by the appellant against the, respondent is barred by time.

(2.) The two houses in dispute are Nos. XIV/4122-23 in Gali Barna, Sadar Bazar. Delhi. The respondents had sold these two houses to the appellant by a registered sale deed (Exhibit PA/I) dated January 22. 1937. The sale deed contained a covenant whereby the respondents were given the right to repurchase these two houses on the terms contained in the sale deed. Subsequently by a deed of release dated February 3. 1942. the respondents abandoned their right to repurchase these houses and on this very date executed a lent deed (Exhibit 'RB' also marked "A") whereby the respondents agreed to remain tenants under the appellant. Thereafter, there were some proceedings between the parties before the Custodian of Evacuee Property with respect to the houses in dispute. By order dated September 14, 1954, the Custodian held the appellant to be the owner of these two houses. It may here be mentioned that these two houses were never notified as evacuee property By notice dated May 28, 1956 (Exhibit Public Witness . 7/1), the appellant demanded eviction of the respondents from the two houses on the grounds of arrears of rent; personal bona fide requirement and reconstruction. On non-compliance with the notice, the appellant, on December 14. 1956. filed the suit which has given rise to this appeal. The suit was filed in the Civil Court for ejectment of the respondents on the aforesaid grounds under the Delhi and Ajmer Rent Control Act, 1952.

(3.) The case of the appellant was that he was the owner and the landlord of the aforesaid two houses wherein the respondents were tenants at a monthly rent Rs. 13.00 and that the respondents had not paid any rent from April 1, 1948 to the date of the suit.