BHAGWAN SINGH ETC. Vs. BACHITTAR SINGH

JUDGEMENT

(1.) This revision petition has been filed by Bhagwan Singh etc. landlords against the Judgment of the Appellate Authority, Patiala, dated August 13, 1975.

(2.) Briefly, the facts of the case are that house no. 187/8, situated in Mohalla Aroran, Patiala was an evacuee property. It is alleged that Bachittar Singh respondent was a tenant under the Custodian at the rate of Rs. 10/- P.M. Bhagwan Singh etc. purchased the house from the Custodian Department on November 11, 1966. They filed an application for ejectment under Section 13 of the East Punjab Urban Rent Restriction Act, inter alia on the grounds that the tenant-respondent had not paid the arrears of rent and that they required the premises for their own use and occupation. The application was contested by the respondent who pleaded that there was no relationship of landlord and tenant between the parties. He, however, admitted that he was a tenant under the Custodian but on payment of Rs. 5/- P.M. as rent.

(3.) The learned Rent Controller held that there was relationship of landlord and tenant between the parties, that the rate of rent was Rs. 10/- P.M. and that the tenant had failed to show that he had paid the rent to the landlords. He further held that the landlords required the building for their own use and occupation. Consequently, he ordered ejectment of the tenant. He went up in appeal before the Appellate Authority which came to the conclusion that there was no relationship of landlord and tenant between the parties and that the Rent Controller had no jurisdiction to order eviction of the tenant. Therefore, it accepted the appeal and dismissed the application for ejectment. The landlords have come up in revision against the Judgment of the Appellate Authority of this Court.