PIARE LAL Vs. SURESH CHAND GUPTA

JUDGEMENT

(1.) THIS is tenant's revision petition against whom, an order of ejectment has been passed by both the Authorities below.

(2.) THE landlord sought ejectment of the tenant on the ground of non-payment of rent, w. e. f. 1-12-1983 to 31-10-1985. According to the respondent (landlord), premises in dispute were let-out by Prabhu Dayal, their predecessor-in-interest, to the petitioner with effect from 1-3-1969 vide Rent note dated 6-3-1969. Initially, the premises in dispute was let out at the rate of Rs. 125/- per month, and at the time of filing of petition, the rent of the said premises was claimed to be Rs. 200/- per month.

(3.) THE plea taken by the tenant in the written statement is that there is no relationship of landlord and tenant between the respondent and the petitioner. The tenant has also pleaded that rent-note was a sham transaction and was got executed from him in a clandestine manner by Prabhu Dayal; that Prabhu Dayal was never the landlord of the premises in dispute rather Prem Narain brother of Prabhu Dayal was the owner/landlord and the rent-note was got executed so as to make up a ground for ejectment. It was also pleaded that as a matter of fact, he never started any business in the premises in dispute, but the business was being carried on by his son Mangat Rai right from the inception of tenancy.