KISHANLAL Vs. KESHRICHAND

JUDGEMENT

(1.) THE facts are Kishanlal applicant No. 1 gave on rent the shop in dispute to the non -applicant Keshrichand on a monthly rent of Rs. 25/ -. On 21 -7 -54 Keshrichand filed an application under section 7 of the Sthan Niyantran Vidhan. Samvat 2006, before the Rent Controlling Authority for fixation of fair rent. Mean while Kishanlal sold the snit shop to Babulal, applicant No. 2 in this case and he became the landlord of Keshrichand.

(2.) BABULAL then filed a suit for eviction against Keshrichand. This suit was decreed and the decree was maintained up to the stage of second appeal.

(3.) THE reason for filing this revision is that while the application before the Rent Controlling Authority was pending, Babulal applicant No.2 filed a suit for eviction of his tenant and for arrears of rent. He was successful in obtaining a decree on 5 -6 -60 in civil suit No. 71 of 52. The decree was confirmed upto the stage of second appeal and possession was also obtained by him. It has been argued by the learned counsel for the landlords that after the ejectment decree was passed and confirmed by the High Court, the decree for fixation of fair rent could not operate. He therefore contends that the decree of the District Court be set aside.