1. The premises bearing No. B-I-S-IX-392 New Nazhar Hussain Road, Civil Lines, Ludhiana was evacuee property. It was purchased by Sujan Singh, father of the petitioner, The premises excluding 3 shops was in occupation of Parkash Chand (now deceased) predecessor-in-interest of the respondents as a tenant under Sujan Singh. Sujan Singh made an oral partition of his property amongst his sons and a memo of partition dated Dec. 10, 1975, was executed which was effective since Oct. 26, 1974. Sujan Singh and his son Jaswinder Singh filed a suit on the basis of memo of partition, which was decreed by Senior Sub Judge on Jan. 28,1976. The premises in dispute fell to the share of Kuldip Singh petitioner. On May 27, 1976, Kuldip Singh petitioner claiming to be the landlord of the premises filed an application for ejectment against Parkash Chand on the grounds of non-payment of rent w.e.f. Mar. 1, 1976 and personal requirement. The petitioner was in railway service and he retired as Inspector of Works on Aug. 31, 1976.

2. The arrears of rent claimed by the petitioner was tendered on the first date of hearing. Parkash Chand denied that he was liable to be ejected. He raised the plea tha