SANT RAM Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS is tenant's revision against whom eviction order has been passed by both the authorities below.

(2.) GAURI Shanker was the original landlord from whom the premises in dispute which is rented land, was taken on rent by Sant Ram tenant, vide rent note dated 1.12.1964, Copy Ex. A-1 and rent note dated 9.10.1977, copy Ex.A-2. Ejectment application was filed on 11.6.1981 by Gauri Shanker landlord on the ground of his personal use and occupation. It was stated that he retired from private service and intended to start a fire work stall on the rented premises. The application was contested by the tenant inter alia on the grounds that there was no relationship of landlord and tenant between the parties. The premises in dispute was non-residential building, as construction was made thereon. It did not fall within the definition of rented land. It was also pleaded that the landlord does not require the premises for his own use and occupation and for his business. The learned Rent Controller found that there existed relationship of landlord and tenant between the parties, in view of the two rent notes executed by the tenant in favour of the landlord. It was further found that the premises in dispute was rented land and not non-residential buildings, as alleged by the tenant. The Rent Controller also found that the landlord required the demised premises for his own person use and occupation for starting wood and fire work stall therein. Consequently, eviction order was passed on 13.1.1983. During the pendency of the appeal filed by the tenant, Gauri Shankar died on 20.2.1985. The application was moved by the tenant for bringing the heirs of Gauri Shankar on the record in which it was stated that the ground of personal necessity does not survive after the death of Gauri Shankar and therefore, the heirs of Gauri Shankar could not be impleaded as legal representatives for continuation of the ejectment proceedings on the ground of personal necessity. In reply filed on behalf of the heirs of Gauri Shankar, these allegation were denied and it was pleaded that the legal representatives also required the premises in question, especially Desh Bandhu and Vishiv Bandhu alias Sudhir Sharma for their own use and occupation and running wood and fire work business and for use and occupation by their family members. Ultimately, the Appellate Authority affirmed the finding of the Rent Controller and thus, maintained the eviction order. On the question of bonafide requirement by the legal representatives of the deceased, the learned Appellate Authority observed, "It is clear that right to evict Sant Ram from rented land is not actio personalis the personal right of owner which must come to an end with the death of the landlord, L.R. of the landlord can pursue the appeal or petition for ejectment or appeal even if it is on the ground of personal necessity of the original landlord." Reliance was placed on a Division Bench of this Court reported in Smt. Dhan Devi v. Bakhshi Ram.

(3.) AT the time of motion hearing, it was contended on behalf of the tenant that vide sale-deed dated 1.6.1978, the tenant purchased the demised premises from the heirs of Walaiti Ram and the suit filed by the landlord has been demised. In view of that contention, the petition was admitted.