GAINDA RAM SADA RAM Vs. VISHNU DIGAMBAR

JUDGEMENT

(1.) THE dispute in the instant case relates to the ejectment from a house situate in ambala City. Gainda Ram was the owner of the same and he had given it on rent to one Buta on a monthly rent of Rs. 11 somewhere in 1957-58. On 15th of July, 1961, Gainda Ram filed an application under Section 13 of the East Punjab Urban rent Restriction Act, 1949 (hereinafter called the Act) for the eviction of Buta on the ground that the said house was required by the landlord for his own occupation. The Rent Controller came to the conclusion that Gainda Ram had not been able to establish this ground and he, consequently dismissed the application on 12th of October, 1961. On 29th of November, 1961, Gainda Ram filed an appeal against the order of the Rent Controller before the appellate authority. During the pendency of the appeal, Buta died on 3rd of March, 1962. On 5th of May, 1962, the appellate authority dismissed the appeal as infructuous and observed as under:-

(2.) THE suit was resisted by the defendants who admitted that Buta had got the house on a monthly rental of Rs. 11/-from the plaintiff. The tenancy was a contractual one and it devolved upon them on the death of Buta and as such they could not be ejected. There was a relationship of landlord and tenant between the plaintiff and the legal representatives of Buta deceased. The Civil Courts had no jurisdiction to try the suit for ejectment by the landlord against his tenant. It was also pleaded that Smt. Krishna, who was the daughter of Buta, was a necessary party to this litigation, because she was also one of his heirs and should have been impleaded as a defendant. It was averred that a valid notice under Section 106 of the Transfer of Property Act was necessary to be given to the defendants in order to put an end to the tenancy and the suit was not maintainable for want of this notice.

(3.) ON the pleadings of the parties, the following issues were framed :-