J.V. Gupta, J. - (1.) THIS is tenant's petition against whom order of ejectment has been passed by both the authorities below. The landlord Sat Dev sought the ejectment of his tenants (petitioners herein) and Avinash Kumari and Ashok Kumari (respondent Nos. 2 and 3 herein) from the premises, in dispute, which consists of a house situated within the municipal limits of Batala, inter alia, on the ground of non payment of arrears of rent. According to the averment in the eviction application, the premises were rented out to Chanan Dass (since dead), husband of Respondent 1 and father of Respondent Nos 2 to 8 (before the Rent Controller), in the year 1975 at a monthly rent of Rs. 60/ -. On the death of Charan Dass, his tenancy rights devolved upon the Respondents and thus all of them stepped into his shoes and thus became the tenants. The present application for ejectment was filed on 29th January, 1958. It was alleged that the tenants have not paid the rent due and that the demised premises are bona fide required by the landlord for his own use and occupation The rent was claimed at the rate of Rs. 60/ - per mensem. The petition was contested, inter alia, on the ground that Chanan Dass deceased was never the tenant under the landlord. It was Ashok Kumari Respondent who was in possession of the house, in dispute, at a monthly rent of Rs. 40/ - with effect from December 19, 1973. Earlier to that, it was Avinash Kumari (sister of Ashok Kumari) who had occupied the house in question at a monthly rent of Rs 25/ -. Presently, the house is under the occupation of the remaining Respondents (the Petitioners herein) since February, 1976. They tendered the rent on the first date of hearing for the period February 1976 to January 1978, whereas in the application, the arrears were claimed from 31st July 1972 to 31st January 1978. The learned Rent Controller found that the rate of rent was Rs - 40/ - per month and not Rs 60/ - per month as claimed by the landlord. However, it was found that originally the landlord inducted late Chanan Dass into the demised premises as his tenant and, on his death, the Petitioners herein being his heirs became the Tenants under the landlord on the premises, in dispute. Since the tenants were found in arrears of rent and the rent due was not tendered on the first date of hearing, order of ejectment was passed against the tenants. On appeal, the Appellate Authority affirmed the said finding of the Rent Controller and thus maintained the order of eviction. Dissatisfied with the same, the tenants have filed this petition in this Court.
(2.) LEARNED Counsel for the Petitioners contended that it had not been duly proved on the record that Chanan Dass deceased was the original tenant. The finding of the authorities below in this behalf, according to the Learned Counsel, was wrong. He further submitted that since December 1973, Ashok Kumar (respondent No. 2 herein) was the tenant and after her marriage in the year 1976, the Petitioners became the tenants and from that date the arrears of rent were tendered on the first date of hearing and, therefore, they were not liable to ejectment of that ground. 3 After hearing the Learned Counsel for the parties and going through the relevant evidence on the record, 1 do not find any infirmity or impropriety in the concurrent finding of the two Authorities below. On the appreciation of the entire evidence, a firm finding has been given that the tenancy, to begin with, originated in favour of late Chanan Dass and, after his death, the Petitioners as his legal heirs inherited the tenancy rights It has been further found as a fact that the tender made on the first date of hearing certainly fell short of the outstanding arrears of rent Both these are findings of fact and could not be successfully challenged in provisional jurisdiction. Consequently, the petition fails and is dismissed with costs. However, the Petitioners are allowed two months' time to vacate the premises, provided all the arrears of rent, if any, and advance rent for two months are deposited with the Rent Controller within a fortnight.;