S. HARNAM SINGH Vs. GANGA RAM AND ANR.

JUDGEMENT

(1.) THIS judgment will dispose of two revisions which have arisen out of the same judgment and decree passed by the Senior Subordinate Judge in appeal.

(2.) HARNAM Singh was the tenant of the house in dispute for about 11 years before the suit. On the 29th of April, 1948, Ganga Ram, an Advocate, and Chandar Bhan, a Medical Practitioner, purchased the house in dispute. At that time also Harman Singh was a tenant of a portion of the house. Sometime after the purchase the new landlords asked and the tenant gave up one room from his possession to the landlords and the rent was reduced from Rs. 17 -15 -0 to Rs. 15 -0 -0. This was incorporated in a rent note, Exhibit P. 7, which recites the giving up of a room and of the reduction of rent.

(3.) ON the 16th of November, 1948, a suit was brought for eviction of the tenant on the grounds, (1) two months' rent was in arrears, (2) the tenant was damaging the house, (3) the house was required 'bona fide' for the use of the landlords themselves and (4) that the tenant was creating a nuisance. The tenant in reply pleaded that he had been a tenant for a period of ten years and therefore under the law he could not be evicted and that he had given up one room at the request of the landlords and they could not now sue for eviction and the other allegations were denied.