KESRI BAI Vs. JIT SINGH

JUDGEMENT

(1.) THIS is landlady's revision petition whose ejectment application has been dismissed by both the authorities below.

(2.) ORIGINALLY , the eviction application was filed by Atma Ram, landlord, to seek the ejectment of the tenant Jit Singh from the premises in dispute, on the ground that he had sublet the premises to Kashmiri Lal, respondent No. 2. The premises in dispute, are a shop which was taken on rent on a monthly rent of Rs. 100/-. The petition was contested on behalf of the tenant Jit Singh. He denied that he had sublet the premises to Kashmiri Lal, as alleged. The learned Rent Controller found that the applicant had failed to prove that Jit Singh tenant had sublet the premises to Kashmiri Lal, respondent. Consequently, the ejectment application was dismissed. Atma Ram, landlord, filed the appeal. During the pendency of the appeal, he died on September 17, 1976. Kesari Bai and Kako, daughters of the said Atma Ram filed the application on February 24, 1977, for being impleaded as the appellants in place of Atma Ram. That application was opposed on behalf of Jit Singh, tenant, inter alia on the ground that the same was not filed within the period of 90 days and that the appeal had, thus, abated. This objection prevailed with the learned Appellate Authority who found that the application moved by Kesari Bai and Kako was barred by time. Consequently, the same was declined. However, on merits, it was found by it that on the evidence on the record it had been amply proved that Jit Singh, tenant, had sublet the premises to Kashmiri Lal, respondent. In spite of this finding, the appeal was dismissed as having abated. Dissatisfied with the same, Kesari Bai and Kako, the daughters of Atma Ram, deceased, have filed this revision petition in this Court.

(3.) AFTER hearing the learned counsel for the parties, I am of the considered opinion that the appeal could not be dismissed as having abated.