SH BHAGWANT SINGH Vs. SULEKH CHAND JAIN

JUDGEMENT

(1.) THIS is tenant's revision petition directed against order of ejectment passed by the Authorities below under the Haryana Urban (Control of Rent and Eviction) Act, 1973, (briefly 'the Act' ).

(2.) BRIEFLY, the facts are that one Mahant Sheryo Nath was the owner of the house in dispute. Major Bhup Singh Chhikara was occupying the house as tenant under Mahant Sheryo Nath. The house was sold to Hukam Chand and Sulekh Chand vide registered sale-deed dated 15. 4. 1981. Sulekh Chand had 3/5th share in the house, whereas 2/5th share was of Hukam Chand. Subsequently, vide three sale-deeds, Hukam Chand sold his share to Sulekh Chand and, thus, Sulekl Chand became the absolute owner of the house. Major Bhup Singh who was it possession of the house as a tenant, died. On his death, Bhagwant Singh, his son, came in occupation of the house. His ejectment was sought by Sulekh Chand on the ground of personal necessity as well as on the ground of non-payment of rent. The arrears of rent were tendered within the stipulated period and, therefore, ground of non-payment of rent no more survives. The tenant, in his written statement, apart from others also, raised an objection that ejectment application was not competent since all the heirs of Major Bhup Singh, who had inherited the tenancy rights, had not been impleaded. The Rent Controller vide order dated 11. 6. 1987 allowed the ejectment application and in consequence thereof, passed an order of ejectment against Bhagwant Singh, (petitioner herein ). On appeal, order of the Rent Controller was affirmed by the Appellate Authority. This is how the present revision petition has been filed by the tenant.

(3.) MR. S. C. Kapoor, Sr. Advocate, learned counsel for the petitioner, has raised the following contentions: