MATHURA DASS Vs. RAM PIARI

JUDGEMENT

(1.) Can one of the co-landlords alone maintain an application for ejectment against his tenant under S. 13 of the East Punjab Rent Restriction Act, 1949, is the significant question which has been re-agitated in this reference to the Division Bench.

(2.) Mathura Dass petitioner who admittedly was one of the co-owners of the demised premises had preferred an ejectment application under S. 13 of the East Punjab Rent Restriction Act (hereinafter called the Act) before the Rent Controller at Fazilka. The primary ground on which it was sought to be pressed was the non-payment of rent by the tenant and that the premises were required for the personal occupation of the landlord. The ejectment application was resisted on behalf of the respondent-tenant and on the pleadings of the parties the following issues were framed :--

(3.) On appeal the finding on issue No. 1 was virtually not challenged and only that on issue No. 2 was assailed. The learned Appellate Authority relying primarily on the recent judgment in Bir Bhan v. Kuldip Parkash, (1979) 1 Rent LR 312, held that only one of the co-owners could not maintain an ejectment application without impleading the other co-owners as well and consequently reversed the findings on issue No. 2 and dismissed the ejectment application.