MISTRI PURAN SINGH Vs. DEV RAJ

JUDGEMENT

(1.) This revision petition is directed against the order of the Rent Controller refusing permission to the tenant to file a rejoinder to the replication to the written statement filed by the tenant.

(2.) The landlord (respondent) filed an application for eviction against the tenant (petitioner) on the ground that the latter rented out a pair of shops on a monthly rent of Rs. 450.00 and that he was in arrears of rent from April 1, 1982 to Aug. 31, 1988. The tenant filed the written statement and thereafter the landlord was permitted to file rejoinder, in which it was stated that the landlord become the owner of the demised premises under a family settlement which was sanctified by a Civil Courts decree. The tenant executed a rent note dated April 13, 1975 in favour of the landlord.

(3.) The rent note was produced under the directions of the Rent Controller to enable the tenant to file written statement after perusing the same. In the eviction application, the only fact to be proved is whether the relationship of landlord and tenant exists between the parties and what was the rate of rent. The landlord is categoric that the tenant was inducted on the demised premises under a rent note dated April 13, 1975, The tenant could lead such evidence as he thought fit to refute the allegations made by the landlord that the former was inducted as a tenant on the basis of the rent note. The prayer of the tenant to file rejoinder to the replication filed by the landlord was wholly unnecessary. However, it is made clear that the tenant can lead evidence at the trial with regard to rent note dated April 13, 1975.