1. The petitioner had filed a petition against Shanker son of Malka Ram Saini (having expired and represented by the present respondents) for eviction from the rented premises on the following grounds :

(i) non-payment of rent;(ii) impaired materially the value and utility of the premises;(iii) premises are unsafe for human habitation.

2. The eviction petition was allowed. However, the Appellate Authority allowed the appeal and dismissed the petition and hence this revision petition. Among the points raised before the Courts below, the following points were also considered.

1. Whether the appellant was a landlord;

2.Whether the possession of the respondent could be denied because of the agreement to sell made in favour of deceased-respondent by the husband of the present petitioner who was the original landlord.

3. Both these points along with the other grounds for eviction were decided in favour of the respondent by the Rent Controller. However, the Appellate Authority reversed the judgment of the Rent Controller on the following grounds:-

"(1) Matadin was the original landlord. He had executed a Will bequeathing the suit premises on the appellant and there was a contest b