KARTAR SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) Darbara Singh, respondent, filed an application under Section 13 of the East Punjab Rent Restriction Act, for the ejectment of Parma Nand son of Inder Sain (respondent No. 2 herein) that the tenant is liable to be ejected on the ground that he is in arrears of rent and has impaired the value and utility of the premises in dispute. In the said application, Kartar Singh (petitioner herein) was impleaded as respondent No. 2. It was also claimed that Kartar Singh is being impleaded as proforma respondent as he had been authorised by the landlord to realise the rent from the tenant, therefore, no relief was claimed against Kartar Singh.

(2.) The ejectment application is being contested by the tenant as well as by Kartar Singh. Kartar Singh took up the plea that the property in dispute is joint between the brothers and title-deed is in favour of landlord as Benami.

(3.) During the pendency of ejectment application, Kartar Singh filed an application for amendment of the written statement to the effect that the Rent Controller has no jurisdiction to try the application as question of title is involved therein. The other amendment sought was that rent claimed in the petition is deemed to have been paid or waived off because of relationship of landlord and tenant between Parma Nand and Kartar Singh. This application was dismissed by the Rent Controller with the observation that issue regarding jurisdiction has already been framed and the petitioner is entitled to lead evidence on that issue.