HARI KRISHAN Vs. KRISHNA MOHINI

JUDGEMENT

(1.) THE demised premises were purchased by the land lady Smt. Krishna Mohini vide registered sale deed dated 9-11-1972. She sought the ejectment of her tenant on the ground of non-payment of arrears of rent at the rate of Rs. 10/- per mensem since 1-1-1965 including the house tax. The ejectment petition was tiled on 7-3-1977. The rent was tendered from 1-11-1972 i. e. from the date of sale deed. The authorities below found that the tenant had failed to prove that the rent prior to 1-11-1972 was paid to the vendor. It was, therefore, held that the tender was short. Consequently, the eviction order was passed.

(2.) WHEN the revision petition came up for hearing before the Learned Single Judge, he referred the case to the larger Bench on the question whether the rent due for a period prior to the sale can be claimed by the vendee as arrears of rent and whether the tenant can be ejected for its non-payment on the first date of hearing when these is no assignment of the arrears of rent to the vendee. This is how this petition has came up before this Bench.

(3.) LEARNED counsel for the petitioner-tenant submitted that there was no assignment of the arrears of rent in favour of the vendee and therefore the question of recovery as arrears of rent prior to the sale deed did not arise. He also submitted that even if there be an assignment of rent, even the arrears of rent does not include the assigned arrears as to evict the tenant. In support of his contention he referred to Abid Hussain v. Roshan Dass, (1960) 62 P. L. R. 836, Mohan Lal v. Diwan Chand, 1981 (2) R. L. R. 209 and Civil Revision No. 398 of 1972 titled as Sham Lal v. Mst. Nasib Kaur, C. R. 398 of 1972 decided on March 28, 1973, On the other hand, learned counsel for the land-lady/respondent submitted that by virtue of the sale deed Ex. AW 1/1, dated 9-11-1972 all the rights in the property were sold and therefore the arrears of rent will also be deemed to have been assigned to the vendee land lady. In support of his contention he referred to Champaklal Dahyabhai Natali v. Saraswatiben, A. I. R. 1977 Guj. 48, Radhabai Bapurao Shelar end Ors. v. Trimbak Madhavrao Shirole, A. I. R. 1983 Bom. 303 Chanderasen v. Murarilal, 1976 R. C. R. 554, Naraindas v. Rajendra Singh, 1972 R. C. R. 465.