JUDGMENT

1. Leave granted.

2. The High Court of Punjab and Haryana at Chandigarh dismissed the revision petition of the appellant in limine, confirming the judgment and order of the appellate authority, passed under the provisions of the East Punjab Urban Rent Restriction Act. The dispute between the parties arose like this.

3. The demised premises is a shop which stood rented out to the first respondent by a joint Hindu family, the Karta of which was Gurbax Singh, one of the four brothers, the second respondent. The Karta used to receive rent from the first respondent. On 23-2-1982, a memorandum recording past partition was prepared by the brothers through a lawyer and the appellant herein was acknowledged to have got this shop in his share. Thereafter, he issued a notice on 1-1-1986 to the respondent stating that w. e. f. 1-3-1982 he was the landlord and that the rent at the rate of Rs 50 per month, as orally enhanced mutually, be paid to him. That notice was not responded to by the first respondent though its receipt is not disputed. In this situation, the appellant on 25-2- 1986 filed an ejectment application on two grounds, namely, (i) non- payment of rent since 1-3-1982 @ Rs