WARYAM SINGH Vs. AMARNATH

JUDGEMENT

(1.) This is an appeal by special leave against the order made on the 20th November 1951 by the Judicial Commissioner of Himachal Pradesh in proceedings instituted by the respondents under Articles 226 and 227 of the Constitution of India.

(2.) There is no substantial dispute as to the facts leading up to the present appeal. The appellants were tenants of a certain shop premises situate in Solan Bazar in the district of Mahasu in Himachal Pradesh. On the 11th October 1947 they had executed a rent deed by which they agreed to pay an annual rent of Rs. 175 payable as to Rs. 50 on the 1st of Baisakh and as to the balance of Rs. 125 in the month of October in default of which payments the respondents, as landlords, would be entitled to recover the whole of the said rent in one lump-sum. The tenancy created by the rent deed was only for one year in the first instance but it provided that if the tenants desired to continue in occupation they must execute a further rent deed before the expiration of the said term. The appellants never executed any further rent deed but held over and continued in occupation of the demised premises.

(3.) The appellants fell into arrears with the payments of rents due for the years 1948 and 1949 and the respondents made applications to the Rent Controller for eviction of the appellants under section 13(2) (i) of the East Punjab Urban Rent Restriction Act, 1949 as extended to Himachal Pradesh. The appellants, however, paid up the arrears of rent into Court and claimed the benefit of the proviso to section 13(2)(i). The claim was allowed and the said applications were dismissed accordingly on the 18th December 1950.