LAWS(P&H)-1980-1-27

SHRI BEANT SINGH Vs. SMT. HARBANS KAUR

Decided On January 29, 1980
Shri Beant Singh Appellant
V/S
Smt. Harbans Kaur Respondents

JUDGEMENT

(1.) THIS petition has been filed by the tenant Petitioner against the order of the Appellate Authority, Juliundur, dated 2nd August, 1973, whereby the order of Rent Controller d recting his ejectment, has been maintained.

(2.) SMT . Harbans Kaur, landlady, filed this ejectment petition, stating that he had purchased the house from Kaushalya ani(sic) through a registered sale deed, dated 8th June, 1972. Earlier, the Petitioner was a tenant under Kaushalya Rani in respect of tha house in dispute at Rs. 12/ per month Due to this purchase, he became a tenant under her on the same terms and conditions Ejectment of the tenant was sought on she ground of non payment of rent from 1st October, 1967, upto date and also on the ground that the premises were bona fide required for her personal use and occupation In reply, the tenant denied that there was any relationship of landlord and tenant between the parties. He claimed that he was owner of one -third share In the house purchased from Leela Wati daughter of Malawa Ram The Rent Cont roller was stated to have no jurisdiction to try the matter. Rent amounting to Rs 60/ from 8th June, 1977, with interest and costs was tendered On the pleadings of the parties, the Rent Controller framed the following issues:

(3.) FOR the reasons recorded above, this petition succeeds, the order of the Appellate authoritv is set aside and the application for ejectment is dismissed, with no order as to costs.