BHANWAR SINGH Vs. ULTAN KHAN

JUDGEMENT

(1.) The appellant was a lawful sub-tenant in House No. 2130, Katra Gokul Shah, Bazar Sita Ram. The aforesaid premises, prior to 1968, were owned by Shri R.N. Kaul and two of his brothers. At that time Dr. Zutshi was the tenant. The appellant herein was a sub-tenant of Dr. Zutshi. According to the concurrent findings of the Courts below lawful sub-tenancy had been created in favour of the appellant by Dr. Zutshi with the consent of the then landlord, in Feb., 1952.

(2.) . In 1968 Sultan Khan, the decree holder bought the premises in question. He filed an application for eviction of Dr. Zutshi and one Smt. Sushila Devi. The appellant was also impleaded as one of the respondents. The application was filed by the respondent for seeking eviction on the grounds in S. 14 (1), (a) (b), (d) and (h). It is not disputed that Dr. Zutshi deposited the rent in Court and therefore, the claim for eviction u/s 14 (1) (a) came to an end.

(3.) . During the pendency of eviction proceedings landlord made a statement to the effect that he wanted to give up the appellant. The appellant was deleted from the array of respondents and the eviction petition against him was dismissed as withdrawn. Subsequently the respondent entered into a compromise with Dr. Zutshi and Smt. Sushila Devi. As a result of that compromise, an order of eviction was passed on 2.6.71 in favour of Respondent No. 1 on the grounds in 14 (1), (d) and (h).