PAWAN KUMAR JAIN Vs. MUNSHI LAL SHARMA

JUDGEMENT

(1.) Cm No.24071/2016 (exemption)

(2.) The learned counsel appearing for the petitioner has confined his submission to challenge the impugned order on the limited ground that there was no relationship of landlord and tenant between the petitioner and the respondent Ojha Samaj Dharamshala. It is urged that the owner of the suit property was Sh. Shiv Nath Ojha. It is also urged that it was Sh. Shiv Nath Ojha who was the landlord of the petitioner. The respondent is merely claiming to be the owner of the property/landlord of the premises.

(3.) It was put to the learned counsel for the petitioner that the trial court has noted the title of the respondent. The respondent has placed on record the GPA, Receipt and Agreement to Sell dated 14.11.1979 of the land measuring 200 Sq.Yds. purchased from Ms.Mohini Makhija in the name of the respondent. Admittedly, there are no specific denials regarding these documents. The trial court also noted that the respondent society is a registered society and the address of the society is the same as the property in question and is mentioned on the registration certificate. The learned trial court further stated that the relationship of landlord and tenant was not denied by the petitioner in a previous petition.