Law:

Section:

Keywords: Call, Misreading Of Evidence, Non-Payment Of Rent, Validity, Parties, Possession, Landlord, Interpretation, Proceedings, Language, Costs, Tenant, Evidence, Commencement, Rehabilitation, Plea, Interference, Rent Controller, Care, Protection, Order, Bona Fide, Premises, Properties, Finding Of Fact, Provisions, Defence, Copy, Receipt, Ejectment Application, Payment, Registered, Local Authority, Liberal Interpretation, Co-Sharer, Ownership, Testimony, Arrears Of Rent, Registered Post, Period, Notice, Grounds, Rent, Determination, Payment Of Rent, Compensation, Wilful Default, Reappraisal Of Evidence, Ejectment Result: Appeal dismiss JUDGMENT This is tenant's second appeal seeking to challenge the order of his ejectment passed by the Rent Controller on the ground of personal requirement by the landlord. 2. Briefly the facts of the case are that the disputed premises were transferred to one Farrakh Sajid under the Settlement Scheme. The appellant being the occupant of the premises was served with notice under section 30 of the Displaced Persons (Comp. & Rehab.) Act, 1958 (hereinafter referred to as the Act), by the transferee on 1st March, 1962. The appellant replied to this notice and called upon the transferee to supply him with the copy of the transfer documents and expressed his willingness to pay the rent at the rate of Rs. 29 per month which was being paid to the Custodian after he received the proof of ownership. Farrakh Sajid the transferee filed ejectment proceedings against the appel lant on the ground of default in the payment of rent, but this application was dismissed by the Rent Controller on 10th April, 1964 on the ground that no wilful default was committed by the appellant inasmuch as he had tendered all the arrears of rent due upto July 1962 which were refused by the transferee. The learned Rent Controller without framing any issue on the point made some passing remarks in his order that the notice served by the transferee under section 30 of the Act was defective. 3. The transferee did not challenge the said order by way of appeal. However, on 20th November, 1968 the transferee once again served a notice upon the appellant expressly…

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