SIRI KISHAN Vs. GHANESHAM DASS

JUDGEMENT

(1.) Three Civil Revisions, Siri Kishan V. Ghansham Dass Civil Revision No. 347 of 1960, Siri Kishan V. Madan Gopal Civil Revision No. 389 of 1960, and Tirath Ram v. Basant Ram Civil Revision No. 397 of 1960 which are being disposed of by this judgment involve two questions, one of law, which is common to all, and the other of fact. All these three cases have been referred by a learned Single Judge (Dua J.) for decision by a larger Bench.

(2.) The question of law raised in these cases is whether a juristic person like a trust can enforce an order of ejectment against a tenant in respect of residential building under the provisions of the East Punjab Urban Rent Restriction Act, 1949? The question of fact involved in each of the three petitions is whether the requirements of the landlord are bona fide ?

(3.) The learned District Judge, as the Appellate authority in each of the three cases, has decided both the questions of law and fact against the landlord whose petition for ejectment of the tenant has been dismissed. The aggrieved landlord has filed a petition for revision in each case and the order of Dua J. recommending to the Chief Justice the constitution of a larger Bench for disposal has been recorded in Civil Revision No. 347 of 1960 (Siri Kishan V. Ghansham Dass). In the other two cases which were heard together, Dua J., has passed a brief formal order to this effect and reference is made to his detailed order in Civil Revision No. 347 of 1960.