LAWS(P&H)-1991-5-55

BAHADUR SINGH Vs. OM PARKASH

Decided On May 07, 1991
BAHADUR SINGH Appellant
V/S
OM PARKASH Respondents

JUDGEMENT

(1.) THIS is landlord's revision petition against the order of the Appellant-Authority, Gurdaspur, dated September 24, 1981, whereby the order of the Rent Controller has been reversed.

(2.) BAHADUR Singh and other petitioners purchased the shop in dispute from Smt. Ram Rakhi, the original owner. Smt. Ram Rakhi had let out the shop originally to one Buta Mal, predecessor-in-interest of the respondents, on June 11, 1969 on a monthly rent of Rs. 60/-. It was alleged that Smt. Ram Rakhi had given the disputed shop to Buta Mal for running 'Karyana' business, as mentioned in rent note Exhibit A-1. The petitioners have sought ejectment of the respondents on the following grounds :-

(3.) NOTICE of the ejectment of application was given to the respondents by the Rent Controller. On the first date of hearing, they appeared and tendered the arrears of rent along with interest and costs. The application for ejectment was resisted. They took a preliminary objection that the ejectment application was liable to be dismissed for mis-joinder of parties. They also denied that the tenancy had been inherited by them from Buta Mal, their predecessor-in-interest. On the other hand, they pleaded that the tenancy of Buta Mal stood terminated on the death of Buta Mal. However, they pleaded that a fresh tenancy was created in their favour by Ram Rakhi after the death of Buta Mal; and when they took the shop on rent from Smt. Ram Rakhi a flour mill had already been installed therein. They also denied having made material alterations in the building.