AMAR NATH Vs. JOGINDER LAL

JUDGEMENT

(1.) THIS petition is directed against the order of Sub Judge Ist Class, Samrala, dated 20th July, 1981.

(2.) THE brief facts of the case are that Amar Nath petitioner was the owner of the house in dispute. He mortgaged the same with one Babu Ram. Mohinder Pal son of Babu Ram was inducted as a tenant by the mortgagor-Amar Nath. The application for ejectment was filed by Amar Nath against his tenant on 11th August, 1976. The ground of ejectment was non-payment of arrears of rent. Eviction order was passed by the Rent Controller on 5th February, 1979, and the said order was maintained upto the High Court. In execution of the ejectment order, possession was taken by the owner Amar Nath on 23rd September, 1980. Meanwhile on 8th December, 1977, Babu Ram mortgagee filed the suit for declaration that Mohinder Pal, his son, was the tenant under him and not under Amar Nath. In the said suit, an interim order dated 20th February, 1978, was passed by the trial Court, which reads as under :-

(3.) NO one is present on behalf of the respondents in spite of service and issuance of actual date notice.