MAHANT KARAM SINGH Vs. MULAKH RAJ

JUDGEMENT

(1.) PETITIONER sought ejectment of respondents from the premises in dispute situated in Partap Bazar Amritsar on the grounds, amongst, others, that it tuts become unfit for human habitation. It was stated that the petitioner1 purchased the premises through sale deed dated May 17, 1970 and thus, became landlord qua Devi Dass who was tenant of , the vendor,. 'an intimation of transfer of premises in favour of the petitioner was sent to Devi Dass through registered post which was received by him on June 13, 1970. Devi Dass died an February 3, 1971 and before his death, he executed a Will in, favour of the respondents and they were, therefore, in possession, of it as heirs and legal, representatives Ejectment was sought on, the ground that the , respondents have failed to pay or tender rent from May 17, ,1970 onwards- and that the premises have become unsafe and unfit for human habitation.

(2.) RESPONDENTS admitted possession of the premises and that Devi Dass was tenant therein under the previous landlord, but disputed the rate of rent. Execution of Will by Deyi Dass- in their favour was admitted. The validity of sale deed in favour of the petitioner conveying the property to him was, however, questioned. It was denied that the premises in dispute was in a dilapidated condition and had become unfit and unsafe for human habitation. The jurisdiction of learned Rent Controller to entertain the ejectment application was not disputed.

(3.) ARREARS of rent were tendered at the rate of Rs. 20/- per month. The tender was accepted and the ground of non-payment of arrears of rent was given up. The pleadings of the parties gave rise to the following issues :