S.S.SANDHAWALIA, J.

1. Can one of the co-landlords alone maintain an application for ejectment against his tenant under S.13 of the East Punjab Rent Restriction Act, 1949, is the significant question which has been re-agitated in this reference to the Division Bench.

2. Mathura Dass petitioner who admittedly was one of the co-owners of the demised premises had preferred an ejectment application under S.13 of the East Punjab Rent Restriction Act (hereinafter called the Act) before the Rent Controller at Fazilka. The primary ground on which it was sought to be pressed was the non-payment of rent by the tenant and that the premises were required for the personal occupation of the landlord. The ejectment application was resisted on behalf of the respondent-tenant and on the pleadings of the parties the following issues were framed :-

1. Whether the respondent is liable to ejectment on the grounds taken in the application?

2. Whether the application is bad on account of non-joinder of necessary parties?

3. Relief.

On issue No.1 the Rent Controller came to the finding that the tenant was in arrears of rent but held that the petitioner had failed to establish that he needed the de