JITENDRA KUMAR AND OTHERS Vs. N. B. SINGH

JUDGEMENT

(1.) This is a plaintiffs' application in revision, the plaintiff-applicants' suit for ejectment of the defendant and recovery of arrears of rent from him has been dismissed.

(2.) The plaintiffs' case was that the defendant was their tenant on a rent of Rs. 150.00 per month. The defendant did not pay rent for a long time. He was served with a notice of demand and to quit in Jan. 1977, but, in spite of its service, he did not pay the arrears of rent or vacated the premises. The defendant made material alterations in the building. He also illegally tablet the accommodation to other persons.

(3.) The defendant denied that there existed any relationship of landlord and tenant between him and the plaintiffs. According to him, the accommodation was allotted to him under the Rent Control Act on May 15, 1968. The plaintiffs or their mother who was acting as the landlady at that time did not agree to accept the defendant as their tenant and did not permit him to take possession. Shortly thereafter on Dec. 12, 1968 the plaintiffs and their mother entered into a contract of sale of the accommodation to Dr. V. Samant and, in part performance of that contract, delivered possession of the accommodation to her. Dr. Samant ultimately agreed to let out the premises to the defendant on payment of Rs. 75/- per month as rent. The defendant was the tenant of Dr. Samant. He has been regularly paying rent to her. The plaintiffs are not the defendant's landlords or lessors. The allegation that he had sublet the premises or had made material alterations in the premises were denied.