SHYAM LAL SONI Vs. RAJBIR

JUDGEMENT

(1.) Tenant has invoked revisional jurisdiction under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), challenging the judgment dated 14.12.1999 passed by learned Rent Controller, Bhiwani, as well as, judgment dated 27.08.2003 passed by learned Appellate Authority, Bhiwani, whereby the eviction petition filed by the landlord-respondent herein was allowed and tenant-revisionist herein was directed to be evicted from the demised property (shop).

(2.) The brief facts of the present case, inter-alia, are that respondent - landlord herein has filed eviction petition against the tenant-revisionist herein saying earlier owner - landlord of the property in question was his maternal grandmother Smt. Dhan Kaur, who has given the ownership of the property in question to the landlord being only surviving legal heir and ultimately, Dhan Kaur suffered a decree also in favour of the landlord on 17.12.1994. It is also contended by the landlord that tenant - revisionist has failed to pay rent to the landlord w.e.f. 1.10.1995 despite many requests, hence, tenant -revisionist is liable to be ejected from the demised premises.

(3.) Tenant - revisionist herein contested the eviction petition by way of filing written statement and contended therein that Sheonath (maternal grand father of the respondent herein) was the owner of the property in dispute; Sheonath was married twice; with his first wife, Mange Ram was born and with his second wife, Santra Devi was born and he has given property in dispute to his daughter Santra Devi (mother of the respondent herein) and another property was given to his son Mange Ram; Santra Devi has sold the property in question vide sale deed dated 25.08.1986 in favour of the wife of the tenant revisionist, hence, after the sale deed dated 25.08.1986, landlady is wife of the tenant-revisionist herein and there is no relationship of landlord-tenant between the parties.