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1986 Supreme(P&H) 3

J.V.GUPTA
Mohan Singh – Appellant
Versus
Udham Singh – Respondent


Judgment

J.V.Gupta, J.

1. This is landlords petition in whose favour eviction order was passed by the Rent Controller but has been set aside in appeal.

2. The landlord Mohan Singh filed an ejectment application in respect of the house in dispute, alleging that he had purchased the same from Udham Singh, vide sale deed dated 14th March, 1974. Udham Singh, the original owner, had inducted Udham Singh as his tenant, and after the sale in his favour he had become the landlord qua Udham Singh. The ejectment was sought on the ground that the tenant Udham Singh had neither paid nor tendered the rent with effect from 1st May, 1974; that he had sublet the premises to Kirpal Singh, respondent No. 2 (who died during the pendency of the ejectment application) before the Rent Controller and his legal representatives were brought on record as respondent Nos. 2 to 4 without consent of the landlord; that he bona fide required the demised premises for his own use and occupation as at present he was residing in a rented house; that the building had become unfit and unsafe for human habitation. In the written statements filed on behalf of Udham Singh and Kirpal Singh it was pleaded that there was no r


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