CHAMAN LAL Vs. MULKH RAJ

JUDGEMENT

(1.) The tenant petitioner has filed this revision petition against the order of the Appellate Authority, Ludhiana, dated 21st of August, 1976, whereby the order of the Rent Controller directing ejectment was maintained.

(2.) Dewan Chand, father of the landlord respondent Mulkh Raj, is the owner of the premises in dispute which is a shop situated in Karimpura Bazar, Ludhiana. It has been stated in ejectment application that on 1st of August, 1959, Dewan Chand orally let out the said shop to Mulkh Raj, his son, for a period of 11 months with permission to sub let the same. A memorandum of oral tenancy was reduced to writing on 15th August, 1959. On 1st of February, 1960 the tenant Chaman Lal took the shop orally on rent at Rs. 50/- per month from Mulkh Raj and he is in occupation thereof since then as a statutory tenant. The ejectment was sought on the ground that the tenant did not pay rent from 1st of April, 1966 whereas the application of ejectment was filed on 1st of November, 1974. The application was contested on behalf of the tenant Chaman Lal. It was pleaded by him that Dewan Chand never leased out the property to his son Mulkh Raj landlord. It was also denied that Dewan Chand was the owner of the property or he was the tenant under Mulkh Raj. The rent deed, if any, between Mulkh Raj and his father Dewan Chand was alleged to be bogus and collusive. A further objection was raised that, even if the facts stated by the landlord are correct, he had no right in the property on 1st of July, 1960. So, any agreement between the parties is illegal and after 1st of July, 1966 and does not confer any right on him. A further plea was taken that Dewan Chand is a necessary party and the tenant is in adverse possession of the property in dispute.

(3.) On the pleadings of the parties, the following issues were framed.