VED PARKASH AND ANOTHER Vs. SH. KHARAITI LAL

JUDGEMENT

(1.) The landlord-petitioners have filed this revision petition against the order of the Appellate Authority, Amritsar, dated July 19, 1979, whereby the order of the Rent Controller, dated June 9,1978 directing the ejectment of the tenant-respondent was set aside.

(2.) The premises, in dispute, consist of a room situated in house No. 148, Sadar Bazar Amritsar. The ejectment of the tenant-respondent was sought inter alia on the ground that the landlords bonafide required the demised premises for their own use and occupation. In the reply filed on behalf of the tenant-respondent, all the allegations made in the eviction application were controverted and it was also pleaded that no legal and valid notice terminating the tenancy was served on him and that the landlords had no locus. standi to file the ejectment application. On the pleadings of the parties, the Rent Controller framed the following issues,:

(3.) The only point that requires determination in this revision petition is whether any notice was required to be served on the tenant-respondent before the filing of the eviction petition by the landlords-petitioners. It is most unfortunate that though in the order of the Rent Controller, a full bench judgment of this court has been relied upon for this proposition, yet neither the Appellate Authority nor the counsel appearing for the Appellate Authority on the counsel appearing for the parties before it, cared to read the order of the Rent Controller the authority mentioned therein.