BASESHAR NATH TRUST Vs. KRIPO DEVI

JUDGEMENT

(1.) Present petition is filed by the landlord-petitioner challenging the order dated 23.08.2007 passed by the learned Appellate Authority, Ambala, whereby the learned Appellate Authority allowed the appeal filed by the tenant-respondents and dismissed the eviction petition filed by the petitioner herein.

(2.) The brief facts of the present case are that landlord - petitioner herein filed a suit for eviction against the tenant on the ground that the tenant is in arrears of rent and has not paid rent and taxes w.e.f. 01.06.1994 till the date of filing of the eviction petition.

(3.) The tenant - respondent filed written statement denying the relationship of landlord-tenant between the parties. The suit for eviction was filed on 28.05.1994. When suit was at the final stage for the first time, after almost ten years, tenant filed application before the learned Rent Controller on 17.03.2004 for the assessment of rent. However, no decision was taken thereon and eviction petition filed by the landlord - petitioner herein was allowed directing the eviction of the tenant on the ground of arrears of rent after observing that there is a relationship of landlord-tenant between the parties.