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1999 Supreme(P&H) 918

S.S.SUDHALKAR
Parmatma Kaur – Appellant
Versus
H. U. F. Rajinder Parshad And Sons – Respondent


Judgment

1. The respondent-landlord had filed petitioner for ejectment of the petitioners before the Rent Controller, Ferozepure. The same was dismissed. The appeal filed by the respondent before the appellate authority was allowed and hence the petitioner-tenants have filed this revision petition.

2. The shop which the petitioners are occupying is the subject-matter of the rent petition. Ground for eviction is that the petitioners have ceased to occupy the said shop without any cause since the death of original tenant Pritam Singh. It may be stated that in they very building there is another part in which the petitioners are tenants. However, the petition and this appeal are confined to the shop only.

3. The contentions of the respondent is that Pritam Singh was the original tenant in the shop and the petitioners became tenants by operation of law after the death of Pritam Singh. The contention of the petitioners is that the plea of non-occupation of the premises is incorrect and it was not taken in an earlier petition. It may be mentioned that the prayer for arrears of rent does not arise in view of the fact that no issue in this regard is framed. In this revision also, the argume























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