KALI CHARAN KESHAN Vs. VISHVANATH

JUDGEMENT

(1.) THE petitioners herein namely trustees of Seth Kirorimal Charity Trust filed a petition through their attorney Ram Kumar for eviction of respondent No. 1 tenant and respondent No. 2 sub-tenant on the ground that premises were let out to the tenant who sub-let the same. The Rent Controller held that sub-letting was proved and, therefore, respondents were liable to be evicted. Order of eviction was accordingly passed. On appeal by respondent No. 1 tenant, the appellant authority, while confirming finding of the trial court on the issue of sub-letting reversed the finding of the Rent Controller about the proper form of the eviction application and held that since all trustees were rot made parties, the petition was not maintainable as held by Gujarat High Court in Atmaram Ranchhodbhai v. Gulamhussein Gulam Mohiyaddin and another, A.I.R. 1973 Gujarat 113.

(2.) LEARNED counsel for the petitioners-trustee submitted that the Rent Controller had rightly rejected the contention of the tenant in view of power of attorney Ex. AW4/A whereby all the trustees jointly authorised Ram Kumar as the attorney for filing eviction application.

(3.) I have considered the rival submissions and perused the record of the case.