BISMAMBAR DASS Vs. CHHAJU RAM AND ANR.

JUDGEMENT

(1.) THIS is an appeal of Bishamber Dass whose suit for possession for the disputed premises consisting of a house in Mohalla Saidhan, Ludhiana was decreed by the trial Judge but in appeal of the Defendants, has been dismissed by the lower appellate Court.

(2.) IT is common ground that the house in question was evacuee property and a sale certificate was granted in favour of the Appellant on the 29th January, 1964. The sale was to take effect with effect from the 28th February, 1963. Beli Ram, lather of the Defendants, Chhaju Ram and Chaman Lal, was in occupation of the house as an allottee Beli Ram, therefore, enjoyed the protection afforded by Section 39 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, for a period of two years. Beli Ram died some time in February, 1965. After the death of Beli Ram, his sons continued to remain -in possession and inspite of the notice served on them,, they refused to vacate the premises. The Plaintiff was, therefore, obliged to bring the present suit for possession.

(3.) DESPITE the specific plea taken by the Defendants, the lower appellate Court found that the sons of Beli Ram, continued to enjoy protection of the Rent Acts and if they continued to pay the rent they could hold on to the property. Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, says that: