KISHAN KUMAR Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) THE Landlord, Krishan Kumar, filed a petition under section 13 of the East Punjab Urban Rent Restriction Act, 1949 for the ejectment of his tenants, Baldev Raj Singh and Kishan Chand, on various grounds mentioned in that petition. Sant Ram was also made a respondent on the ground that a portion of the demised premises had been sublet to him. Krishan Kumar was then a minor but has since attained majority and has filed this revision petition himself.

(2.) IT is stated in the petition for ejectment that Baldev Raj Singh and Kishan Chand were tenants of the petitioner and had taken the premises on lease per rent -deed dated April 28, 1961 agreeing to pay Rs. 45/ - per mensem. The said tenants were permitted to raise constructions which they were entitled to remove at the time of vacating the premises. One of the grounds for ejectment mentioned in the petition was as under : - -

(3.) AFTER remand, the Rent Controller dismissed the petition on May 6, 1971, holding that grounds (c), (d) and (f) of para 2 of the petition had not been established. Against that order, Krishan Kumar filed an appeal before the Appellate Authority Gurdaspur. During the pendency of that appeal, Kishan Chand died and an application was made for bringing on record his legal representatives. That application was contested by Baldev Raj Singh on the ground that the tenancy of Kishan Chand deceased had come to an end on account of his death and it was not necessary to implead his heirs and legal representatives as respondents to the appeal. It was further submitted that the possession of the heirs and legal representatives of Kishan Chand of the demised premises after his death was not as tenants. He asserted that he was in possession of the tenanted property as a tenant but the legal representatives of Kishan Chand deceased had assumed joint possession of the said property along with him even without his consent but their possession was not in the capacity of tenants. The application of the petitioner was dismissed by the learned Appellate Authority, Gurdaspur, on January 6, 1973, on the ground that the legal representatives of Kishan Chand could not be be brought on the record and that the appeal had to be considered as having abated so far as Kishan Chand deceased tenant was concerned. The present revision petition is directed against that order of the learned Appellate Authority.