Judgment

K. Venkataswami, J.-This appeal by special leave is preferred against the judgment of the Punjab and Haryana High Court in R.S.A. No. 1807/71 dated February 3, 1982. The appellants are the legal represen­tatives of the deceased plaintiff. For the sake of convenience, the parties are referred hereinafter as ‘plaintiff’ and ‘defendants’. The second defendant, a proforma party, is the father of the first defend­ant.

2. The plaintiff filed Suit No. 722/67 for recovery of possession of the suit site from the defendants. According to the averments in the plaint, the suit site was acquired by the plaintiff under a gift deed dated 18.1.1961 registered on 9.2.1961 and marked as Exbt. P.W. 6/1 in the suit. One Kanwar Chander Raj Saran Singh was the donor under the said gift deed. The plaintiff before filing the present suit for possession preferred an application for ejectment of the defendants before the Rent Controller alleging that the first defendant who was a tenant under him denied the title. The learned Rent Controller alleg­ing that the first defendant who was a tenant under him denied the title. The learned Rent Controller alleging that the first defendant who was a tenant un