KHERU RAM Vs. SOM NATH

JUDGEMENT

(1.) THE landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for eviction of the respondents from the shop situated in Sadar Bazar, Dhuri on the plea that Barkha Ram father of the respondent was tenant in the shop in dispute @ 40/- per month from 6.4.1974 to 5.4.1977.

(2.) IT is the case of the petitioner-landlord that Barkha Ram died on 24.1.1977, who had executed a registered Will in favour of his son Ved Parkash respondent No. 1 bequeathing his all moveable and immovable property including the rights of the shop in dispute.

(3.) THE learned Rent Controller on issue No. 2 held that it was that Barkha Ram took on rent the shop in dispute in his own name, who died on 24.1.1977 leaving behind both respondents as his legal heirs along with some other legal heirs. The plea of the landlord is that respondent No. 1 became the tenant in the shop in dispute after the death of Barkha Ram under a registered Will executed by Barkha Ram in his favour. The case set up by the respondent tenant was that he became tenant in the shop in dispute under Will dated 20.4.1976 as the earlier Will stood revoked.