PARAMJIT SINGH Vs. BIMLA DEVI AND ORS

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 2.6.2010 (Annexure P7), passed by the Rent Controller, Ferozepur, whereby he declined the application, filed by the petitioner that till the decision of the civil suit, proceedings arising out of the eviction petition be kept in abeyance. The application for staying the proceedings in the ejectment petition was declined by the Rent Controller, on 2.6.2010, by observing as under:

(2.) This Court is of the view that the order of Rent Controller suffers from no infirmity. Rather the conduct of the petitioner is such that no favour could be shown to him by the Rent Controller.

(3.) The petitioner is a tenant in Shop No. 77, 78 and 79, Bazaar No. 7, Ferozepur Cantt. It is admitted that this shop was taken on rent by him from Smt. Sunder Bai at the rate of Rs. 800/- per month in the year 1994. She expired on 28.10.1997. After the death of Smt. Sunder Bai, her legal representatives filed an eviction petition. The eviction petition was instituted on 25.5.2004, wherein it was specifically stated by them that they inherited the shop in question from Smt. Sunder Bai and thus, they are landlords of the shop qua the petitioner. The petitioner disputed the relationship of landlord and tenant by urging that Smt. Sunder Bai had only one son namely Babu Lal and the persons, who filed the eviction petition, have no relation with Smt. Sunder Bai. It is stated that an issue was also framed by the Rent Controller to determine the relationship of landlord and tenant.