FAQIR SINGH Vs. KASTURI LAL

JUDGEMENT

(1.) This is a revision against judgment of the Appellate Authority allowing the appeal of Kasturi Lal landlord, against the order dated the 26th February, 1974, passed by the Rent Controller, Amritsar, dismissing the application for ejectment of his tenant Faquir Singh.

(2.) Kasturi Lal filed an application for ejectment of Faqir Singh from a house situated in Katra Khazana, Amritsar City, on the ground that the latter was a tenant under him at a monthly rent of Re. 15/- with effect from the 31st of January, 1970, since when the house in dispute had been finally allotted to him. He claimed that the tenant had not paid rent to him with effect from the 1st of February, 1970 to 31st of July, 1973. He also raised a plea that he required the house for his personal occupation as the present accommodation with him was insufficient for his needs. From the pleadings of the parties, the following issues were framed :-

(3.) From the evidence led on the file it was proved that the house in dispute was an evacuee property. Faqir Singh had been allotted this house. Later on, this house was allotted to Kasturi Lal and deed of conveyance was finally issued in his favour. Faqir Singh made unsuccessful attempts for the permanent allotment of this house but failed. The case of Faqir Singh was that he was not a tenant under Kasturi Lal and, therefore, he had not paid the rent to him. He further pleaded that he was the owner of the house. It was accepted that Faqir Singh was paying, rent at the rate of Rs. 8/ per mensem to the Custodian. The transfer in his favour had been cancelled and the house had been transferred to Kasturi Lal with effect from 21st of January, 1970. Faqir Singh had been paying rent to the Custodian at the rate of Rs. 8/- per mensem. Therefore, Kasturi Lal became the landlord of the premises and Faqir Singh became a tenant under him by operation of law.