RATTAN CHAND Vs. GAGMAN SINGH

JUDGEMENT

(1.) THIS petition for revision is directed against the order of the Appellate Authority allowing the landlord's application for eviction of the tenant.

(2.) AN application was made in the first instance by the landlord on the 3rd of october, 1968, claiming rent at the rate of Rs. 25/- per mensem from the tenant from 1st of October, 1967. That application was dismissed on the 11th of June, 1969 because the Rent Controller accepted the plea of the tenant that there was no relationship of landlord and tenant between the parties. It may be mentioned that at the first hearing neither the rent due nor interest or costs were paid by the tenant, though the costs were assessed by the Rent Controller. The landlord then appealed and during the pendency of the appeal the landlord filed a second application on the 9th of January, 1970. In this application, again rent was claimed from 1st October, 1967, to 31st December, 1969. On the 4th of March, 1970, the tenant paid the rent claimed without prejudice to his right to a decision that he was not the tenant of the landlord. This application was dismissed on 4th of March, 1970, because arrears of rent with costs and interests had been paid.

(3.) THE appeal that had been filed in the first application, was allowed by the appellate Authority and it was held that the relationship of landlord and tenant existed between the parties. Against that decision, the present petition for revision has been filed by the tenant.