CHANDRA MOHAN Vs. JAIDEV SINGH

JUDGEMENT

(1.) The present revision petition has been preferred by the landlord. He has assailed the judgment dated 28.1.2009, rendered by the Rent Controller, Charkhi Dadri, whereby the ejectment petition was dismissed along with the judgment dated 27.2.2010, rendered by the Appellate Authority, Bhiwani, whereby the findings of fact, given by the Rent Controller were affirmed. The demised shop was rented out by father of the petitioner to Ram Pat Singh, father of Jaidev Singh. Ram Pat Singh died in the year 1995. Jaidev Singh, to the exclusion of his other relations, became tenant under the father of the petitioner. It is a case of the petitioner that respondent-Jaidev Singh has stepped into the shoes of Ram Pat Singh.

(2.) The petitioner has instituted the eviction petition against respondent- Jaidev Singh on the following grounds :-

(3.) Jaidev Singh could not be served as he was missing. His wife Smt. Nirmala Devi and son Ashwani Kumar sought permission to contest the revision petition and tender the rent. In the present revision petition, a grievance has been made that even though whereabouts of Jaidev Singh were not known, his wife and son could not be permitted to contest the eviction petition and tender of the rent made by them could not be accepted. The wife and son of Jaidev Singh pleaded that they are running the shop in dispute and earning their livelihood for the family and they had sent the rent by way of money order to the petitioner/landlord but the same was not accepted. They have tendered the rent as provisionally assessed by the Rent Controller. The wife and son of Jaidev Singh sought permission to contest the eviction petition by raising the plea which has been noticed by the Rent Controller as under :-