KESAR DAS Vs. BAKHSHI RAM AND ANOTHER

JUDGEMENT

(1.) THIS is a rule directed at the instance of the tenant against the order of ejectment passed in favour of the landlords by the Rent Controller and affirmed in appeal by the Appellate Authority.

(2.) THE landlords Bakhshi Ram and his wife Smt. Bachni bought house No. 2183 in Kacha Bazar, Ambala Cantt in the month of September 1959. Two months' later in November 1959 a portion of this house was given on rent to the petitioner Kesar Das at Rs. 44/ - per mensem. The tenant later applied for fixation of fair rent which was fixed at Rs. 4.93 nP. Almost simultaneously the landlords brought the present application for ejectment under section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act'.

(3.) MR . Nand Lal Dhingra the counsel for the petitioner has contended that the landlords having leased the suit premises almost immediately after they had acquired it by purchase must be deemed to have vacated it without sufficient cause. In order to appreciate this argument reference may be made to the relevant provision of law which is contained in sub -section (3) of section 13 of the Act. A landlord under sub -section (3) may apply to the Controller for an order directing the tenant to put the landlord in possession -