( 1 ) AN interesting point has arisen in this case pertaining to evacuee propel ty. The question posed is as to the scope and effect of an earlier date of transfer specified in the deed of conveyance, than its date of execution. For on the result of this query, would depend who is the tenant of the transferee.

( 2 ) THESE are the brief facts. Sohan Lal was the tenant of the Custodian of Evacuee Property. The tenancy pertained to the ground floor of premises No. IV/382 (New), Mehrauli, New Delhi. Gopal Dass resided on the first floor of the said premises. He was the claimant and purchased the entire abovementioned property.

( 3 ) THE deed. of conveyance, in respect of the said free hold property was executed on 17th April, 1968 between the Vendor. President of India, and the Purchaser Gopal Dass. However, as indicated therein, the said property was transferred to Gopal Dass, respondent No. 1 with effect from 1st October, 1955. The deed of conveyance was in the form specified in Appendix XXIV as required by Rule 33 of the Displaced Persons (Compensation and Rehabilitation) allies, 1955.

( 4 ) ON 11th February, 1962, Sohan Lal died. His legal heirs were his widow, Laxmi Devi, his son Dcv Dutt (Rattan) and the heirs of his predeceased son Khushi Ram. Late Khushi Ram s heirs were his widow Shakuntala Devi, Sons Suresh, Naresh, Ramesh and Prem Kumar as also two daughters Indra and Geeta Sharma.

( 5 ) ON 7th April, 1969, a letter was issued by the Ministry of Labour, Employment and Rehabilitation from the Office of the Regional Settlement Commissioner, New Delhi. The said letter, Ext. A. 2, was addressed to Gopal Dass and Laxmi Devi, the widow of Sohan Lal. The addresses of both Gopal Dass and Laxmi Devi were indicated therein as IV/382 (New), Mehrauli, New Delhi. The letter pertained to the transfer of the property. It was stated in the said letter that the afoi-esaid property had been permanent /provisionally transferred to Gopal Dass and ". . . . . . . . you are hereby directed to pay rent him and deal otherwise with him direct w. e. f. 1-10-55".

( 6 ) ON 16th April, 1969, a legal notice was addressed by the Advocates of Gopal Dass to three persons. These were Laxmi Devi, the widow of Sohan Lal, Dev Dutt son of Sohan Lal and Shakuntala Devi widow of Khlisi Ram. They were all shown as residents of IV/382 (New), Mehrauu, New, Delhi. It was stated in the said notice that Gopal Dass was the owner-landlord of the above-mentioned house and Laxmi Devi was "the tenant in four rooms, kitchen, Bath and Latrine in the said house at a nominal rent of Rs. 21- per month. . . . . . ". It was asserted that she had "sub-let, assigned or otherwise Parted with the possession of the whole or part of the premises without obtaining consent in writing", from -Gopal Dass in favour of Dev Dutt and Shakuntala Devi. It was also asserted that the arrears of rent with effect from 1st October, 1965 had neither been paid nor tendered ; further, that the premises were residential and were required bona fide for the occupation of Gopal Dass and his family members. The tenancy was sought to be terminated with effect from 30th June, 1969.

( 7 ) SUBSEQUENT thereto, on 5th February, 1970, an ejectment application was moved by respondent No. I against Laxmi Devi widow of Sohan Lal, Dev Rattan and Shakuntala Devi. The eviction petition was based on, inter-alia, the ground of sub-letting of the premises by Laxmi Devi to Dev Rattan and Shakuntala Devi. The other grounds pertained to non-payment of rent from 1st October, 1965, bona fide personal requirement and acquiring of another residence.

( 8 ) ON 28th April, 1970, the said three persons filed a joint written. statement and asserted that after the death of Sohan Lal, all three of them as heirs became "the direct tenants of Custodian". They constituted a joint Hindu Family and were residing in the tenanted premises from "the very beginning".

( 9 ) ON 10th June, 1970, an order under Section 15 (1) of the