BALDEV KRISHAN Vs. SHIV PARSHAD

JUDGEMENT

(1.) This order will dispose of two revision petitions (Civil Revision Nos. 596 and 746 of 1964).

(2.) The facts giving rise to both of them are these. House No. 3567/1, which is a doubtle storeyed one and situate in Amritsar, was evacuee property. It was leased out by the Custodian to three persons, Ganpat Ram, Baldev Krishan and Trimbok Lal, father of Baldev Krishan. One portion of the ground floor and the Barsati on the second floor was allotted to Ganpat Ram and other portion of the ground floor to Baldev Krishan. The first floor had been leased out to Trimbok Lal. Later on, the entire house was transferred to Ganpat Ram for Rs. 8,702/-. On 23rd July, 1959, a letter, Exhibit A-2, was sent by the District Rent and Managing Officer, Amritsar, to Baldev Krishan and Trimbok Lal to the following effect :-

(3.) The defence of the tenants was that they had paid rent upto 31st July, 1960 to the District Rent and Managing Officer; because they were not informed by him to attorn in favour of Ganpat Ram. As such, they were not liable for the payment of rent prior to 1st August, 1960. As regards the remaining rent from 1st August, 1960 to 30th September, 1962, they were willing to tender the same along with costs and interest. It was also alleged by them that the applicants had intentionally declined to accept the rent of this period when it was offered to them. It was pleaded that the accommodation with Ganpat Ram's heirs was sufficient for their residence and therefore, they could not be ejected on the ground of personal necessity. They further stated that they had done nothing to diminish the value or the utility of the premises in their occupation.