J.V. Gupta, J. - (1.) The tenant-petitioner has fled this revision against the order of the Appellate Authority whereby the order of ejectment passed by the scent Controller has been affirmed Mohan lal at landlord respondent filed this application for ejectment alleging it at that he has purchased the property in dispute from Laxmi Narain Mandir Trtst through their authorised Trustee Sant & Ram and others vide registered sale-deed dated Feb. 15, 1972. The tenant-petitioner was a tenant under the Mandir Trust at Rs. 10 per month and after the transfer he became a tenant under the landlord-respondent. It was alleged that the tenant had not paid rent since Feb. 25, 1972, and the house was unfit and unsafe for human habitation etc. It is common case of the parties that co-arrears were paid on the first date of hearing as the tenant contested the relationship of landlord and tenant between the parties. On the pleasing of the parties, the Rent Controller framed the following issues, 1. Whether there is a relationship of landlord and tenant between the parties ? 2. If issue No. 1 is proved, whether the respondent is liable to ejectment from the house in dispute on the grounds mentioned in the petition."
(2.) It has been concurrently found by both the authorities below that there is relationship of landlord and tenant between the parties and, on that basis order of ejectment has been passed on the ground of non-payment of rent. Against this concurrent findings by both the Authorities below, the tenant has come up in revision to this Court.
(3.) Learned counsel for the tenant-petitioner contended 'that the sale in favour of the landlord respondent on behalf of the original landlord owner, i.e. the Laxmi Narain Mandir Trust is not a valid one and thus there is no valid transfer in favour of the respondent. As a consequence, it is submitted there is no relationship of landlord and tenant subsisting between the parties. I do not find any force in this contention. It has been observed by the learned Appellate Authority that as far as tenant is concerned, he cannot contest this fact as his liability limited to payment of rent. The sale could only be avoided by a suit it is common case between the parties that no rent has been paid by the tenant after the sale in favour of the respondent to the original owner, i.e. the Laxmi Narain Mandir Trust Under these circumstances, the tenant cannot be allowed to take the plea that there is no valid transfer of title on behalf of the original landlord in favour of the present landlord respondent.;