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1989 Supreme(P&H) 119

G.R.MAJITHIA
Kuldip Rai – Appellant
Versus
Sharan Singh (Deceased By Lrs) – Respondent


Judgment

1. This revision petition is directed against the order of the Rent Controller refusing to set aside the ex parte ejectment order passed in rent application No. 51 of 1978, decided on January 31, 1983.

2. Sharan Singh and his son Jaswant Singh filed an application for eviction on the ground that the demised premises were let out to H.V. Oils Mills, Khanna, through its partner Hakumat Rai for a period of five years and after the expiry of the contractual period, respondents Nos. 1 to 4 continued in possession of the premises but as statutory tenants. They are in arrears of rent since November 1, l974, till the date of filing of the application and have sublet the premises to Kuldip Singh.

3. The respondents other than respondent No. 5 were proceeded ex parte on March 20, 1979. They were served through substituted service by an insertion in "The Daily Samaj Ludhiana". Respondent No. 5 claimed that he was in possession of the premises in pursuance of an agreement of sale executed in his favour by the landlords. He denied that relationship of landlord tenant existed between the parties.

4. The Rent Controller negatived the plea taken by the contesting respondent and ordered eje










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