AKHARA BRAHM BUTA, AMRITSAR Vs. AJIT SINGH

JUDGEMENT

(1.) The Akhara Brahm Buta, Amritsar through Mahant Sant Sarup filed an application for ejectment of Ajit Singh, tenant, under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 on the ground of non payment of rent by the tenant. The plea of the tenant was that there was no relationship of landlord and tenant between the Akhara Brahm Buta, Amritsar and Ajit Singh. After the landlord concluded its evidence the tenant filed an application for stay of the proceedings on the ground that the dispute was pending in various Courts about the Mahantship of the institution and, till those suits were decided the ejectment proceedings should be stayed. Vide order dated 15.11.1989 the Rent Controller has stayed the proceedings. This is the revision by the alleged landlord.

(2.) Learned counsel for the landlord has urged that it was Mahant Sant Sarup Singh who had delivered possession of the premises of Harbans Singh as a tenant and after his death his son Ajit Singh became the statutory tenant by way of inheritance: The learned counsel also urges that if the stand of Mahant Sant Sarup Singh is correct, Ajit Singh cannot dispute his title in view of Sec. 116 of the Indian Evidence Act, 1872.

(3.) In case the petitioner's plea is correct then the respondent cannot dispute the title of the petitioner and in case the petitioner is not able to establish this fact then, of course, the petitioner will fail and in either of the eventualities no case for stay of proceedings is made out.