PARMA NAND Vs. SHRIMATI RAM LUBHAI

JUDGEMENT

(1.) THIS order will dispose of four connected revision petitions (Nos. 316 to 319 of 1963) filed by the tenants. They have arisen out of five applications filed by Smt. Ram Labhai against her tenants for their eviction from the premises in dispute. It may be mentioned that out of these, one of the tenants, namely, Sant Ram, has not come up in a revision to this Court. It appears that this lady had purchased the building in dispute, various portions of which were in possession of the petitioners, in a public auction held by the Competent Officer on 4th, August,. 1956 under the provisions of the Evacuee Interest (Separation) Act, 1951. The Sale in her favour was confirmed on 16th May, 1961 and the sale certificate was issued on 19th May, 1961. On 4th July 1961 the Assistant Custodian, Evacuee Property,. Ambala had issued notices directing the petitioners to attorn to Smt. Ram Labhai, who had purchased the entire building and to pay rent to her with effect from 4th August, 1956. On 27th October, 1961 she filed applications for ejectment of the petitioners on the ground of non -payment of rent.

(2.) THESE applications were contested by the petitioners on a number of grounds, but we are concerned only with one of them, namely, whether they had deposited the full amount of rent or not, because this was the only point that was raised by the learned counsel for the petitioners before us.

(3.) THE Rent Controller passed orders of ejectment in all the cases on the ground that full rent had not been tendered by the petitioners.