SARBJEET SINGH Vs. KHUSHI RAM

JUDGEMENT

(1.) This is a revision petition under section 15(5) of the East Punjab Urban Rent Restriction Act against the judgment dated December 4, 1972, of the Appellate Authority, Jullundur dismissing the appeal against the judgment dated December 7, 1970, of the learned Rent Controller, Julluadur, whereby he dismissed the application for ejectment filed by the petitioners against the respondent.

(2.) House No. ER-134 situate in Pucca Bagh, Jullundur City, is in dispute. It originally belonged to Labh Singh who had rented it out to the respondent at Rs. 45/- per month. The petitioners in their petition before the learned Rent Controller alleged that Labh Singh-their grand-father-made a will under which he bequeathed the premises in dispute along with other property in Jullundur City to them and left his rural property in favour of their father Bhagwan Singh. They brought this application inter alia on the grounds that the respondent had made a default in the payment of rent with effect from January 1, 1964, Sarbjit petitioner-landlord needed the premises for his bona fide personal use, the respondent had committed such acts as had materially impaired the value and the utility of the demised premises and lastly that the respondent had been using the premises for a purpose other than for which they were let out to him.

(3.) The respondent set up a plea that the petitioners were not the landlords and that no valid will had been executed in their favour by their grant-father Labh Singh deceased. On the other hand, he submitted that Bhagwan Singh, father of the petitioners who was the lawful heir of Labh Singh deceased, had mortgaged the property in dispute with possession with him by a registered mortgage deed dated November 4, 1967, for a consideration of Rs. 18,000. On the pleas raised by the parties, the learned Rent Controller framed the following issues :