- (1.) PETITIONER landlord (here inafter referred to as the landlord) let out a single bay shop shown as red in the site plan, Exhibit P-4 as per the rent note Exhibit P-2/1 with effect from 1-11-1969 at the rate of Rs. 50/- per month besides house tax to one Ghansham Dass and Raj Singh. Ghansham Dass died on 26-3-1976 Landlord filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act) against Raj Singh and one Des Raj alleged subtenant alleging therein that Ghansham Dass surrendered the tenancy sometime before his death and Raj Singh alone continued as tenant. Ejectment of Raj Singh was claimed on the following grounds : (i) Non payment of rent from 1-3-1977 to 31-3-1979 ; and (ii) Sub letting in favour of Des Raj respondent No. 2. Neither of these two respondents contested the petition, Smt. Shakuntla Devi widow of Ghansham Dass and her minor children though their guardian and mother Smt. Shakuntla Devi filed an application under Order 1 Rule 10 C. P. C. for being impleaded as a party to the ejectment application. It was alleged that Ghansham Dassalone was the tenant in the premises and he died on 26-3-1976 and thereafter Smt. Shakuntla Devi etc. respondents No. 3 to 7 being the successors-in-interest of tenancy rights of Ghansham Dass (hereinafter referred to as respondents No. 3 to 7) were carrying on business in the shop in dispute and that the shop had been in their exclusive possession since the death of Ghansham Dass. A prayer was made that they be impleaded as party to the ejectment petition.
(2.) THIS application was resisted by the landlord on the ground that only Raj Singh was the tenant in respect of the shop and, therefore, heirs of Ghansham Dass could not be made party to the suit. The Rent Controller vide order dated 23-5-1979, allowed the application of heirs of Ghansham Dass and directed the landlord to put in an amended ejectment petition impleading Shakuntla Devi etc. as respondents No. 3 to 7.
(3.) AMENDED petition was filed on 1-6-1976 against Raj Singh (respondent No. 1), Des Raj (respondent No. 2) and respondents No. 3 to 7 Shakuntla Devi legal representatives of Ghansham Dass. The ejectment application was contested by respondents No. 3 to 7. In their written statement, it was stated that Ghansham Dass alone was the tenant in the shop and after his death his legal representatives succeeded to the tenancy rights. It was denied that Raj Singh was ever tenant in the premises or had sublet the same in favour of respondent No. 2. Although no relief was sought by the landlord against respondents No. 3 to 7 but on 15-7-1979, respondents No. 3 to 7 made an application for tendering the rent due upto-date which was ultimately tendered by them.;