MOTI RAM Vs. KHARAITI LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order of Authorities below passing an order of ejectment against the petitioners. One Smt. Tara Devi wife of Amar Singh was the owner/landlady of the premises in dispute under whom, the petitioner was a tenant in a quarter on a rent of Rs. 10/- per month. The tenant executed a Rent Note dated 10.12.1959 for 11 months in favour of Smt. Tara Devi. Smt Tara Devi sold quarters Nos. 5, 6 and 7 to Kharaiti Lal vide a registered sale-deed dated 23.2.1982. Kharaiti Lal (since deceased and now represented by his legal representatives), filed an ejectment petition against the tenant, inter alia, on the following grounds :

(2.) THE ejectment petition was contested by the tenant, who apart from controverting the ground of ejectment, claimed that he was unaware about the change of ownership, and when he came to know about the same, he sent the rent through money-order, but the same was received back as having been refused by the landlord.

(3.) MR . D.S. Pheruman, Advocate, learned counsel for the petitioner, did not press the finding of the Rent Controller on the ground on which, the ejectment was ordered. He only contended that the landlord described the tenancy premises as quarter No. 6 in the ejetment petition, and the rent-note also describes the premies as quarter No. 6, whereas the order of ejectment has been passed against the tenant-petitioner in respect of portion of quarter No. 7. He, therefore, contended that the ejectment order is liable to be set aside on this score alone. After hearing learned counsel for the parties at length, I find no merit in the written petition.