BISHAN SARUP Vs. KHUSHI RAM

JUDGEMENT

(1.) The present revision petition has been filed by Bishan Sarup, hereinafter described as "the petitioner" directed against the judgment of the learned Appellate Authority, Rohtak, dated 23.11.1981. By virtue of the impugned judgment, the Appellate Authority had set aside the order passed by the Rent Controller, Rohtak, and instead dismissed the petition for eviction.

(2.) The relevant facts are that the petitioner had filed an application for eviction against Jai Narain, predecessor-in-interest of the respondents. The said application for eviction had been filed on various grounds which are not relevant to be mentioned for disposal of the present revision petition. The petition was contested and on 12.8.1980 the learned Rent Controller had passed an order of eviction against the respondents. Aggrieved by the same, an appeal was filed by Khushi Ram, respondent No. 1. The Appellate Authority relying upon the decisions of this Court in the case of Ganpat Ladha v. Sashikant Vishnu Shinde A.I.R. 1978 S.C. 955, and in the case of Om Parkash v. Smt. Kailash Wati and Ors., 1981 Rent Control Journal 143, held that Jai Narain was a statutory tenant. The rights of the tenancy were not heritable. The tenancy came to an end on the death of Jai Narain on 6.6.1978. Thus, the Rent Controller had no jurisdiction to pass the order of eviction. On this short ground the appeal was allowed and instead eviction application was dismissed. Hence, the present revision petition.

(3.) This question came up for consideration before the Supreme Court in the case of Damadilal and Ors. v. Parashram and Ors., A.I.R. 1976 S.C. 2229. The decision was under the M.P. Accommodation Control Act, 1961, but the Supreme Court was concerned as to whether the statutory tenancy would be heritable or not The answer was in the affirmative. In paragraph 12 of the judgment, Supreme Court held as under:-