GURCHARAN SINGH Vs. DEVKI NANDAN AND ANR.

JUDGEMENT

(1.) THIS is a petition under the East Punjab Urban Rent Restriction Act and is directed against the order of the appellate authority affirming on appeal the decision of the Rent Controller ordering the eviction of Gurcharan Singh. On facts there is practically no dispute. The premises in dispute were evacuee property and were allotted to Gurcharan Singh. These premises were purchased in auction by the Respondent Devki Nandan, and the sale certificate was granted to him. The auction took place on 28th June, 1961. The sale was confirmed on 9th October, 1961 but sale certificate was issued on the 25th May, 1965. It confirmed title on Devki Nandan with effect from 1st August, 1964. The present application under Section 13 of the East Punjab Urban Rent Restriction Act was filed on 28th June, 1966, against Gurcharan Singh. Ejectment was claimed on two grounds, namely:

(2.) THE Rent Controller found that there was relationship of landlord and tenant between the parties, that no notice was required as contemplated by Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, that the rate of rent was Rs. 10 p.m., that Gurcharan Singh and Phoola Singh were joint tenants and that the tenants were liable to eviction on both the grounds taken in the petition. It was found as a fact that the tenant was in arrears of rent and that the landlord required the premises for his personal use. The appeal against this decision to the appellate authority met with no success. The tenant who is dissatisfied with the order of the appellate authority, has come up in revision to this Court.

(3.) AN allottee of the custodian is not a tenant of the custodian. This is clear from the definition of the word 'allotment' in Section 2(a) of the Administration of Evacuee Property Act of 1950. This definition is in the following terms: