BAL RAJ TULI, J.

1. These two writ petitions (Civil Writs Nos. 266 and 1924 of 1974) will be disposed of by this judgment as they raise a common question of law.

2. The facts of C. W. 266 of 1974, briefly stated, are that the petitioner, Dr. Harkishan Singh, his wife and two sons, purchased shop-cum-flat No. 7, Sector 8-B, Chandigarh, from Lt. Col. Surjit Singh Padda by means of a registered sale deed dated October 13, 1971. At that time, Tara Chand Jain, respondent 3, was the tenant of those premises and he attorned as a tenant to the petitioner. The rent of the premises was Rs. 300.00 per mensem which he paid from November, 1971 to February, 1972, to the petitioner. The petitioner, his two sons and his wife, terminated the tenancy by issuing a notice under Section 106 of the Transfer of Property Act to respondent 3 and, on his failure to vacate the premises, they filed a suit for his ejectment and recovery of arrears of rent and damages on May 12, 1972. The plea raised by respondent 3 was that he had attorned only to the petitioner and not to his wife and sons. He also resisted the suit on other grounds but the learned Senior Subordinate Judge passed a decree for his ejec