MANMOHAN SINGH BEDI Vs. SANTOSH KUMARI

JUDGEMENT

(1.) 22nd October, 1980 was the first date of hearing. On that date the tenant along with his counsel appeared before the Rent Controller. It was not the case of the tenant or his counsel that on the first date of hearing along with summons served on the tenant, copy of the ejectment application was not supplied. On the other hand the report of the process-server was that the copy of the ejectment application was also passed the door of the tenant's house a he had refused to take the same. Accordingly, it cannot be said that the copy of the ejectment application was not served on the tenant.

(2.) The tenant failed to tender the arrears of rent on the first date of hearing. and therefore, did not avail of the proviso to Section 13 (2) (i) of the East Punjab Urban Rent Restriction Act, 1948. Hence there was no option with the Courts below except to order the ejectment of the tenant on the ground of nonpayment of rent.

(3.) Then the case of the tenant was that even if he did not tender the arrears of rent on the first date of hearing, no order of ejectment could be passed because the landlord sold the premises in dispute on l4th October, l981 in favour of Santosh Kumari and in that sale deed the right to recover the arrears of rent was not transferred nor the right to continue with the ejectment petition was transferred. Therefore, after 14th October, 1981 the ejectment petition became infructuous and no order of ejectment could be passed.