MANGA RAM Vs. GIAN CHAND

JUDGEMENT

(1.) This is an application for revision under Section 15 (5) of the East Punjab Rent Restriction Act 3 of the 1949 and is directed against the order of the Appellate Authority, Karnal, dated 21st October, 1963, dismissing the tenant's appeal from the order of the Rent Controller Karnal dated 9th August, 1963 granting his ejectment from the premises in dispute.

(2.) The owner of the property, Shri Gian Chand (respondent in this Court) presented his application for ejectment of the tenant Manga Ram (petitioner in this Court) on 27th May, 1963. The owner had purchased the property under the Displaced Persons (C&R) Act 1954. The deed of conveyance, Exhibit P-1 was executed by the District Rent and Managing Officer on 30th November, 1961, but it was mentioned therein that the purchaser had become the owner of the property with effect from 1st October, 1955, from which date he had also become entitled to recover rent from the occupant. The tenant, it may be mentioned, had not paid any rent ever since 1st October, 1955. Notice of the application for ejectment was served on the tenant for 24th July, 1963 on which date he appeared, but declined to pay up the arrears of rent with costs, with the result that the following issue was settled by the Rent Controller for trial :-

(3.) On appeal, the Appellate Authority affirmed this order observing that the Rent Controller had given cogent reasons and had noticed the law on the point and that no contrary ruling had been cited before him. The period of 2 years under Section 29 of the Displaced Persons (C&R) Act was thus held to have started running from the date of the auction.