Inder Dev Dua, J.

1. This revision has been referred to a larger Bench by Mehar Singh J. by his order dated 26-8-1958 because of two conflicting decisions in Gopal Mal v. Firm Dwarka Dass and Company, Civil Misc. No. 175 of 1954, decided by Mehar Singh J. on 31-1-1955 in Pepsu (AIR 1955 N.U.C. 1878) and in Jagdish Parshad v. Beni Parshad, Civil Misc. No. 159 of 1955 deckled by Bhandari C. J. on 17-5-1955 (Punj).

2. Basant Ram petitioner was a tenant of the house in question under Gurtharan Singh, Autar Singh and Gurdial Singh sons of Jowala Singh. On 2-1-1956, the landlords presented an application to the Rent Controller, Kapurthala, under Section 13 of the Patiala and East Punjab States Union Urban Rent Restriction Ordinance, 2003 Bk., for eviction of Basant Ram tenant from the house in question on the allegations that they had let out the house to the respondent by means of a rent deeddated 13-5-1954 on rental of Rs. 15/- per month from 1-5-1954. that the tenant had failed to pay the rent from August 1954 to the end of November 1955 for which a notice had also been sent to him but without any effect; on these grounds they claimed eviction of the tenant from the house in d