MOHAR SINGH Vs. MOOL CHAND

JUDGEMENT

(1.) THIS is a revision petition filed by a tenant whose ejectment was ordered by the Rent Controller and upheld by the Appellate Authority.

(2.) THE grounds for ejectment were non -payment of arrears of rent and the personal requirement of the landlord. The first ground disappeared by the deposit of the arrears with costs and interest by the tenant on the first hearing.

(3.) THE main point raised was one which was apparently not taken in the proceedings before the Rent Controller, but was raised for the -first time in appeal. The relevant facts are that the house in suit was -an evacuee property and it was purchased by the landlord when put to auction by the Custodian on the 25th of June 1957. The sale was confirmed on the 31st of October 1957, but the sale certificate was only issued on the 17th of December 1959 presumably after the last instalment of the price had been paid. The landlord instituted his petition to eject the tenant on the 2nd of May 1960.