M.S.LIBERHAN,J. - (1.) THE demised premises were purchased by the landlord vide a register sale-deed dated 9.11.1972 and he sought the ejectment on the ground of non-payment of rent at the rate of Rs. 10/- per mensem since 1.1.1965 including the house tax. The ejectment petition was filed on 7.3.1977. The rent was tendered from 1.11.1972. The authorities below found that the tenant had failed to prove that the rent prior to 1.11.1972 was paid to the vendor. It was held that the tender was short. Consequently, ejectment was ordered.
(2.) AN important question of law involved in this case is whether the rent due for a period prior to the sale can be claimed by the vendee as arrears of rent and whether the tenant can be ejected for its non-payment on the first date of hearing, particularly when there is no assignment of the arrears of rent to the vendee. Learned counsel for the petitioner cited Mohan Lal v. Diwan Chand, 1981(2) RLR 202; Abid Hussain v. Roshan Dass, 1960 PLR 836, and Civil Revision No. 398 of 1972, decided on 28.3.1972. On the other hand, learned counsel of the respondent cited a Full Bench judgment in Champaklal Dayabhai Natali v. Saraswatiben wife of Shamubhai Atmaram Mehta 1977(1) RCR 819; Chandrasen and others v. Murari Lal, 1976 RCR 554 and Naraindas v. Rajendra Singh, 1972 RCR 465.
(3.) SINCE this is an important question of law which is likely to arise in number of case and requires to be finally determined by a Larger Bench, the case be placed before Hon'ble the Chief Justice for appropriate order for referring the same to a larger Bench.;