SAIDAS Vs. KALN

JUDGEMENT

(1.) THIS is a plaintiff-landlord's second appeal arising out of a suit for ejectment in respect of a shop situated in the town of Sri Ganganagar. The suit was originally instituted against Ameerbux, who died during the pendency of this appeal on 10-5-74, and the present respondents have been substituted in his place as his legal representatives. The suit for ejectment was based on two grounds: (1) default in payment of rent; and (2) subletting. The trial Court dismissed the suit, and its judgment and decree were upheld by the District Judge, Sri Ganganagar Hence this second appeal by the plaintiff.

(2.) KALLU, one of the sons of Ameerbux has filed a written objection in this Court on 3 10-74 that besides his father Ameerbux, he was also tenant in respect of the suit premises in his personal capacity. In support of this assertion he has filed a number of rent receipts alleged to have been issued in his favour by the plaintiff. The plaintiff-appellant has denied KALLU's status as a co-tenant in his personal capa-city, and it has been urged on his behalf that since Ameerbux was a statutory tenant, and, therefore, his legal representatives including KALLU are not entitled to get protec-tion against ejectment under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950.

(3.) I, therefore, allow this appeal, set aside the judgments and decrees by the Courts below and hereby decree the plaintiff's suit for ejectment against the respondents Kallu and others in their capacity as legal representatives of the deceased Ameer Bux. There will be no order as to costs.