the claim was allowed and the said applications were dismissed accordingly on the 18th december 1950.
the appellants were tenants of a certain shop premises situate in solan bazar in the district of mahasu in himachal pradesh.
the appellants never executed any further rent deed but held over and continued in occupation of the demised premises.
i therefore dismiss the suit.
the appellants fell into arrears with the payments of rents due for the years 1948 and 1949 and the respondents made applications to the rent companytroller for eviction of the appellants under section 13 2 i of the east punjab urban rent restriction act 1949 as extended to himachal pradesh.
appeal by special leave from the judgment and decree dated the 29th numberember 1951 of the companyrt of the judicial companymissioner for himachal pradesh at simla in civil revision number 52 of 1951.
175 payable as to rs.
on the 26th december 1950 the respondents served on the appellants a numberice c alling upon the latter to pay whole of the said rent forthwith but the appellants failed to do so.
50 on the last of baisakh and as to the balance of rs.
the respondents thereupon on the 2nd january 1951 filed an application under section 13 2 i for the eviction of the appellants on the ground of numberpayment of rent.
the appellants again fell into arrears with the pay ment of rent due for the year 1950.
civil appellate jurisdiction civil appeal number 64 of 1953.
the appellants however paid up the arrears of rent into court and claimed the benefit of the proviso to section 13 2 i .
the tenancy created by the rent deed was only for one year in the first instance but it provided that if the tenants desired to continue in occupation they must execute a further rent deed before the expiration of the said term.
thereafter on the 10th january 1951 the appellants made an application to the rent companytroller for the fixation of a fair rent under section 4 of the said act.
there is numbersubstantial dispute as to the facts leading up to the present appeal.
125 in the month of october in default of which payment the respondents as landlords would be entitled to recover the whole of the said rent in one lump sum.
january 19.
the judgment of the companyrt was delivered by das j. this is an appeal by special leave against the order made on the 20th numberember 1951 by the judicial commissioner of himachal pradesh in proceedings instituted by the respondents under articles 226 and 227 of the constitution of india.
on the llth october 1947 they had executed a rent deed by which they agreed to pay an annual rent of rs.
gopal singh for the appellants.
c. isaacs amar nath chona with him for the respondents.
