SUHAG RANI Vs. SUKHDEV

JUDGEMENT

(1.) THIS is a tenant's revision petition against the decision of the Appellate Authority reversing on appeal the order of the Rent Controller dismissing the landlord's application for ejectment.

(2.) THE house in dispute is situate in Gurdaspur and it was leased out by its owner Shri Moti Ram, Advocate in 1927, in favour of Shri Devi Dayal, Advocate. The latter died somewhere in 1953-54 and thereafter the former continued receiving rent from Shrimati Suhag Rani widow of Shri Devi Dayal. In 1957, Shri Moti Ram partitioned hi entire property and this house came to the share of his son Shri Sukh Dev, Advocate. In January 1961, Shri Sukh Dev filed an application under S. 13 of the East Punjab Urban Rent Restriction Act, 1949, for the ejectment of Suhag Rani from the house in question on the ground of non-payment of rent. Since the arrears of rent were paid by the tenant on the first date of hearing, that application was dismissed. On 7th June, 1967, another application under Section 13 of the Rent Act was made by Shri Sukh Dev against Shrimati Suhag Rani, her daughter Shrimati Upma and Shrimati Rani, and three ground of ejectment were taken. One was non-payment of rent since May 1965, the second was that Suhag Rani had transferred her rights in favour of her daughter Shrimati Upma since 1961 and had sublet a portion of this house to Shrimati Rani without the written consent of the landlord and the third was that Suhag Rani had ceased to occupy the house in dispute since 1961 without any reasonable cause and was staying with her son at Delhi.

(3.) THIS application was contested by the tenants and on the pleadings of the parties, seven issues were framed. Since the arrears of rent were paid on the first date of hearing, this ground of ejectment was no longer available to the landlord.