ROSHAN LAL GOSWAMI Vs. GOBIND RAJ

JUDGEMENT

(1.) THIS Civil Revision and five other cases, R. S. A. 146-D of 1961, R. S. A. 162-D of 1961, R. S. A. 163-D of 1961 R. S. A. 164-D of 1961 and R. S. A. 165-D of 1961, can conveniently be disposed of by one order as the question of law, which was referred by Khosla C. I. to a Division bench is the same. The relevant passage from the order of reference is, as under :

(2.) IN all these cases, the plaintiffs were landlords who had instituted suits for the ejectment of their respective tenants, contending that the premises were required for their own use and the tenants had defaulted in making payment of rent. The suits were resisted by the tenants on the ground that a case for their eviction was not made out under the Rent Control Act, (Act 38 of 1952 ).

(3.) IN Civil Revision No. 157-D of 1959, the defendant had denied being a defaulter or that the premises were required by the Landlords bona fide for their own use and occupation. A question was also raised that the landlords had no right to institute the suit and that the same was premature. In this case, the following issues were framed: