MAYA DEVI Vs. BUDH SINGH

JUDGEMENT

(1.) THIS civil revision has been directed against the order of the Appellate Court dismissing the ejectment petition held by one Lal Chand (now represented by the petitioner being his legal representative). Lal Chand sought ejectment of Budh Singh son of Jinda Ram (respondent herein) on the ground that the demised premises are required for his personal use and occupation. The petition was contested by the respondent who not only denied the relationship of landlord and tenant between the parties but also stated that Lal Chand purchased the property in dispute with an understanding that the same would be used for the benefit of the allottees including Budh Singh. The Rent Controller ordered ejectment of the petitioner. However, on appeal by the respondent, the order of the Rent Controller was set aside and the ejectment petition filed by Lal Chand was dismissed. This order is being impugned in this civil revision.

(2.) AFTER hearing the learned counsel for the petitioner and in view of subsequent events brought on record by way of documents filed vide Civil Miscellaneous application No. 715 CII of 1991, I find that the civil revision has become infructuous Lal Chand and Budh Singh had entered into an agreement, Ex.R-1 which has been brought on the record and under that agreement, the property was to be purchased by Lal Chand for the benefit of all the allottes. Some dispute arose between the parties with regard to this agreement and, therefore, the parties agreed to refer the matter to two arbitrators to be appointed by the Civil Court in order to determine the price for which sale deed was to be executed by legal representatives of Lal Chand in favour of Budh Singh. The arbitrators so appointed have already given an award determining the price of the property in possession of Budh Singh. The said Award has already been made a rule of the Court and the price so determined by th arbitrators has already been paid by Budh Singh. Thus, on the acquiring of title to the property, no petition for ejectment is maintainable against Budh Singh.