Kapur, J. - (1.) THIS judgment will dispose of two revisions which have arisen out of the same judgment and decree passed by the Senior Subordinate Judge in appeal.
(2.) HARNAM Singh was the tenant of the house in dispute for about 11 years before the suit. On the 29th of April, 1948, Ganga Ram, an Advocate, and Chandar Bhan, a Medical Practitioner, purchased the house in dispute. At that time also Harman Singh was a tenant of a portion of the house. Sometime after the purchase the new landlords asked and the tenant gave up one room from his possession to the landlords and the rent was reduced from Rs. 17 -15 -0 to Rs. 15 -0 -0. This was incorporated in a rent note, Exhibit P. 7, which recites the giving up of a room and of the reduction of rent. On the 6th of October, 1946, the landlords gave a notice for eviction to the tenant which is written very closely on a post -card, and it is difficult to read it. In this notice it was said that the tenant should give up the premises by the 31st of December, 1948 - - counsel for the landlords submits before me that the date is the 31st of October 1948. I have looked at it with a magnifying glass and I cannot say what exactly is written there. In this notice the ground of eviction was expressly stated to be 'bona fide' needs of the landlords and incidentally it was mentioned that arrears of rent should also be paid.
(3.) ON the 16th of November, 1948, a suit was brought for eviction of the tenant on the grounds, (1) two months' rent was in arrears, (2) the tenant was damaging the house, (3) the house was required 'bona fide' for the use of the landlords themselves and (4) that the tenant was creating a nuisance. The tenant in reply pleaded that he had been a tenant for a period of ten years and therefore under the law he could not be evicted and that he had given up one room at the request of the landlords and they could not now sue for eviction and the other allegations were denied.;