ISHAR SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) THIS is landlord's petition whose ejectment application was allowed by the Rent Controller but eviction order was set aside in appeal.

(2.) THE demised premises consists of the first floor of the residential house. One Smt. Piari widow of Ghania Lal was the owner of the house in question. Earlier Ishar Singh son of Kehar Singh, husband of Smt. Kartar Kaur tenant had taken on rent the first floor of the said house at the rate of Rs. 8/- per month with effect from 21.12.1961 and a rent note was also executed. After the death of the original tenant, his widow Smt. Kartar Kaur had attorned to Smt. Ram Piari and become her tenant. Smt Ram Piari had died on 1.1.1977. Ishar Singh son of Hira Singh petitioner claiming to be the legal representative and legal heir of Smt. Ram Piari pleaded that Kartar Kaur has became his tenant by operation of law. The ejectment of the tenant was sought primarily on the ground of non-payment of rent with effect from 1.11.1968 and that he bonafide required the premises for his own use and occupation and for the use and occupation of his family members particularly his son Shri Jaswant Singh who is serving in the Air Force and wanted to shift his family in the demised premises, there being no arrangements for the residence of his family at the place of posting. In the written statement filed on behalf of Smt. Kartar Kaur, she denied the existence of relationship of landlord and tenant between the parties. It was denied that the petitioner Ishar Singh was the legal heir of Smt. Ram Piari. The arrears of rent were tendered on the first date of hearing subsequent to 1.1.1977. The other pleas were also controverted. On trial, the learned Rent Controller found that Ishar Singh was the legal heir of Smt. Ram Piari deceased landlord and therefore, there was a relationship of landlord and the tenant between the parties. The tender on the first date of hearing was found to be valid. It was further found that the landlord bonafide required the premises for the use and occupation of his family members. The other grounds were negatived. Consequently, eviction order was passed.

(3.) DURING the pendency of this petition, Ishar Singh died and his heirs and legal representatives were brought on the record vide this Court order dated 23.6.1984.