BHERI RAM Vs. BISHAN DASS

JUDGEMENT

(1.) THE shop in dispute was an evacuee property which was purchased by the petitioner in an open auction and he was granted the sale certificate on March 27, 1961. According to the averments of the petitioner landlord, he got possession of the shop and then leased it out to the respondent in the month of February 1962 at the rate of Rs. 15/ - per month.

(2.) THE present application for ejectment was filed on November 25, 1972 on various grounds but the only ground which survive for the purpose of this petition is as to whether the tenant has failed to pay the rent for the period from September 1, 1962 to October 31, 1972. The stand taken by the tenant in his written statement was that he was already in occupation of the shop in dispute on payment of Rs. 2/ - per month under the Custodian Evacuee Property and after its sale in favour of the petitioner he became his tenant automatically on payment of the rent at the same rate. The Rent Controller, after recording evidence of the parties upheld the plea of the petitioner and ordered ejectment of the tenant vide judgment dated March 31, 1973. However on appeal by the tenant, the Appellate Authority vide judgment dated January 4, 1974 reversed the finding of the Rent Controller and held that the respondent was in occupation of the shop on payment of Rs. 2/ - per month under the Custodian Evacuee Property and he was liable to pay rent to the petitioner at the same rate which had been duly tendered by him at the first date of hearing. Consequently, the appeal was allowed and the petition dismissed. Dissatisfied with the judgment, the landlord has come up in this revision petition.

(3.) CONSEQUENTLY this petition has no merit and is accordingly dismissed but without any order as to costs.