SANT LAL Vs. NAND KISHORE

JUDGEMENT

(1.) NAND Kishore, the original landlord of the premises in question rented out the property in dispute to Sant Lal. In 1980, Nand Kishore, the landlord filed an ejectment application raising three grounds. Firstly, that the tenant Sant Lal was in arrears of rent for the period from 1.7.1978 to 31.8.1980. Secondly, that Sant Lal had ceased to occupy the premises in question for a continuous period of four months w.e.f. 1.1.1979. And lastly, that he had sub-let the premises in question to his son Ved Parkash. Ved Parkash was impleaded by the landlord as respondent No. 2 in the ejectment application.

(2.) THE issue in respect of arrears of rent came to be settled between the parties in view of the tender of arrears of rent alongwith interest and costs by the tenants before the Rent Controller. The remaining two issues were agitated between the parties. On both the grounds, the Rent Controller disagreed with the claim raised by the landlord Nand Kishore and accordingly, dismissed the ejectment application by an order dated 2.11.1981.

(3.) DISSATISFIED with the order passed by the Appellate Authority, the tenant Sant Lal has approached this Court through the instant petition. At the outset, it needs to be noted Sant Lal had died during the pendency of the instant petition. Whereupon, his legal heirs were impleaded in his place by an order dated 25.3.1985. It is also relevant to notice that Ved Parkash, impleaded as a sub-tenant in the original application, has been impleaded as a legal representative of the deceased Sant Lal by the aforesaid order dated 25.3.1985.