PARMESHWARI DEVI Vs. PIR CHAND

JUDGEMENT

(1.) THE Civil Miscellaneous Application is allowed.

(2.) THIS is landlords' revision petition whose ejectment application has been dismissed as abated by both the authorities below. It is an unfortunate litigation pending since April, 1973. The ejectment application was filed on April 30, 1973, against the tenants, 15 in number.

(3.) THE learned counsel for the petitioners submitted that the amendment in Order 21I rule 4 of the Code came into force on March 10, 1975, whereas Raunak Ram died on February 11, 1975. When the amendment came into being, there was still time for making the application by the landlords and, therefore, the view taken by the Rent Controller in this behalf was wholly wrong and misconceived. In support of this contention, the learned counsel relied upon Babu Ram v. Ram Kishan, 1982(1) RCJ 272; Janak Singh v. Vasanda Ram, 1985 Haryana Rent Reporter 82; Rajinder Singh v. Surinder Singh, 1984(1) Rent Law Reporter 389.