KRISHNA WANTI Vs. TODAR MAL

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the courts below.

(2.) TODAR Mal, landlord-respondent, sought the ejectment of his tenants-petitioners from the demised premises, i.e. rented land contending that the same and been rented out to M/s Nathu Ram Ram Chand, Batala, for a monthly rent of Rs. 75/- with effect from April 1, 1949, for a period of 15 years, vide rent deed dated March 26, 1949. One Sh. Chanan Dass was a partner of M/s. Nathu Ram Ram Chand. He died and respondents No. 2 to 10 being his heirs and legal representatives were impleaded as respondents. The ejectment was sought inter alia the ground that the tenants has ceased to occupy the demised premises for a continuous period of more than four months without any reasonable cause : that the landlord bonafide required the premises for his own use and occupation. The stand taken by the tenants was that earlier a similar ejectment application was filed by the landlord on the same ground which did not find favour with the Rent Controller and an appeal from that order was dismissed by the Appellate Authority on 1st October, 1981 (Copy Ex. R/8). It was also denied that the demised premises was a rented land. It was also denied that the landlord bonafide required the demised premises for his own use and occupation.

(3.) THE learned counsel for the petitioners contended that Issue No. 5 has been wrongly decided by the authorities below. Since on this very ground an earlier ejectment application was dismissed by the Appellate Authority on Ist October, 1981, whereas the present ejectment application was filed on 24th April, 1982, i.e. after about six months, there being no fresh cause of action, the same was liable to be dismissed. Moreover, argued the learned counsel, the landlord never disclosed this fact in his ejectment application, and, therefore, was guilty of concealment. In support of this contention he referred of Karam Chand v. Ram Parkash, 1981 (2) RCR 299.