GURDEV SINGH Vs. KHUSWANT MALLICK

JUDGEMENT

(1.) SHRI Gurdev Singh, the petitioner herein, is the landlord. Shri Ramesh Mallick, the original respondent herein, was the tenant, on whose death his two sons Shri Kushwant Mallick and Shri Shekhar Mallick, were brought on record as his legal representatives.

(2.) ADMITTEDLY , the tenanted premises were initially let -out by the landlord to Shri K.L. Mallick, who was succeeded by his son, Shri Ramesh Mallick, the original respondent herein. The landlord sought eviction of Shri Ramesh Mallick on twin grounds of non -payment of rent and the tenant having ceased to occupy the premises for a continuous period of twelve months without reasonable cause. Though the petition was allowed by the learned Rent Controller on the first ground, it was dismissed on the other. However, since the tenant deposited the arrears of rent alongwith costs within the stipulated period, that ground was also no more available for the landlord to evict the tenant from the premises. Being aggrieved, the landlord carried the matter in appeal before the learned Appellate Authority, though unsuccessfully. It is how the landlord is in revision before this Court.

(3.) AT this stage, it is pertinent to notice that it was during the course of hearing that it transpired that on the death of the original tenant, late Shri K.L. Mallick, his son, late Shri Ramesh Mallick, became the tenant under the landlord, which expression also includes the predecessor -in -interest of the present landlord, Shri Gurdev Singh, the petitioner herein, within the meaning of "tenant" under Section 2(j) of the H.P. Urban Rent Control Act, 1987 (in short 'the Act '), which reads as under: