MURTI SHIVIJI MAHARAJ INSTALLED IN SHIVALA GANGA RAM, JANDIALA GURU THROUGH SH. RAJ KUMAR Vs. M/S ASHOK KUMAR AND PARVEEN KUMAR JAIN

JUDGEMENT

(1.) THE petitioner sought ejectment of the respondents on the ground of non-payment of rent. The respondents contested the relationship of landlord and tenant and claimed themselves to be the tenants of Shivala Ganga Ram. The Rent Controller finding the relationship of landlord and tenant being there and the rent having not been tendered, accepted the application and ordered the ejectment of the tenants from the demised premises.

(2.) THE learned Appellate Authority accepted the appeal holding that Shivala Ganga Ram leased out the demised premises through Raj Kumar who is one of the trustees and the other trustees having not been impleaded in the petition for ejectment, no order for ejectment of the tenants can be passed.

(3.) THE learned counsel for the respondents refutes the submissions made by the learned counsel for the petitioners and contends that the rent note was executed by Shivala Ganga Ram and Raj Kumar did not execute the rent note as his signatures were not effected thereon, in the presence of the attesting witnesses and the petitioners. It is contended tthat the demised premises was given on lease by Piare Lal. It belongs to the temple and it is only the temple, being the owner, who can seek the ejectment of the respondents. It is further contended that there are a number of trustees and it is only after the trustees have authorised a person to bring the proceedings for ejectment that an ejectment petition could be filed and order for ejectment could have been passed. In order to buttress his submissions, he also relies on Jawahar Lal v. Dev Raj and anr., 1981(1) RLR 169.