BUNDU KHAN Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS will dispose of Civil Revisions No. 97 and 1849 of 1981, both preferred by the tenant.

(2.) IN brief, the facts are that one Rehmatulla Khan was tenant under Bhagwati Devi (respondent herein ). Rehmatulla Khan died somewhere in the year 1973. In February, 1976, respondent filed ejectment petition against his sons, namely Bundu Khan and Vakil Khan on the allegations that Bundu Khan was in possession of the shop with effect from 1. 2. 1974 on a rent of Rs. 100/- per month. Their ejectment was sought on the ground that Bundu Khan was in arrears of rent with effect from 1. 2. 1974 and secondly, he had sublet a portion of the shop to his brother Vakil Khan and also on the ground that the landlady requires the shop for the purposes of starting business by her sons. The petition was contested by Bundu Khan on the ground that their father was a tenant on a rent of Rs. 13/- per month and during his life time, they were joint with their father in his business and they inherited the tenancy. They denied that the rent was increased to Rs. 100/per month as alleged by the landlady. The allegations of subletting the premises and requiring the premises for the use and occupation of the landlady were also denied. The Rent Controller held Bundu Khan to be the tenant and ordered his ejectment on the ground of subletting and also on the ground of non payment of rent. Rent was held to be Rs. 100/- per month. On appeal, the Appellate Authority affirmed the order of the Rent Controller. Now, the respondent has come in revision in this Court.

(3.) THE Authorities below in order to hold Bundu Khan to be tenant, relied upon the Judgment of this Court in Sarwan Kumar and Ors. v. Piara Lal and Ors. 1 (1979) 81 P. L. R. 271 wherein it was held that tenancy of no-residential building is not heritable. In view of this Judgment, it was assumed that since tenancy was not heritable, Bundu Khan must have entered into a contract of fresh tenancy with the respondent. Reliance was also placed on the house-tax assessment register where rate of rent is shown to be Rs. 100/- per month.