VIJAY KUMAR Vs. DURGA ASHRAM CHARITABLE TRUST

JUDGEMENT

(1.) I heard Mr. Chopra at length. I have also perused the judgments of the courts below.

(2.) THE demised premises belong to a Public Charitable Trust known as "Durga Ashram Charitable Trust". It was created by Nanak Chand son of Durga Parshad, caste Aggarwal of Ferozepur City for the general benefits of public of Ferozepur City vide registered deed executed by Sh. Nanak Chand on 7.5.1934. The trust was duly registered in the Office of Sub Registrar, Ferozepur on 23.5.1934. Among other properties, the Trust owns eight shops. Shop No. 6 had been rented to Karori Mal at a monthly rent of Rs. 20/-. the Trust filed the Eviction Petition against Karori Mal on the ground of non-payment of rent under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Rent Act"). During the pendency of the proceedings, Karori Mal passed away and he has been duly represented by his legal heir, Krishna Devi. Vijay Kumar and Asha Rani (hereinafter referred to as "the petitioners") were impleaded as respondents on their application under Order 1 Rule 10 CPC. In this application, it was stated that Nanak Chand was the owner of the property. After his death, one Bailash Chand Jain became the owner. Parkash Wati and Naveen Kumar Jain were the widow and the son of Bailash Chand Jain, respectively. Petitioners claim to have purchased the demised shop from Parkash Wati and Naveen Kumar Jain by two registered sale- deeds dated 24.3.1994 for a consideration of Rs. 2,10,000/-. It was, therefore, pleaded that Karori Mal was tenant under the petitioners. The petitioners filed application under Section 13 of the Rent Act for his ejectment from the shop in dispute. It is alleged that Karori Mal paid the arrears of rent to these respondents on 24.3.1995 and handed over the possession of Shop No. 6 in dispute to them. The relationship of landlord and tenant between the Trust and Karori Mal was denied. The Rent Controller framed the following issues :-

(3.) THE findings on issues No. 1 and 2 were challenged by the petitioners by way of appeal before the Appellate Authority. Again after meticulous examination of the evidence, the Appellate Authority has held that there was relationship of landlord and tenant between the Trust and Karori Mal. The star witness of the petition, Parkash Wati Jain has been disbelieved by the Rent Controller and the Appellant Authority. It has been held that she has not produced any rent note to prove the relationship of landlord and tenant between Parkash Wati Jain and her son as landlords and Karori Mal as tenant. The rent receipt produced by Parkash Wati Jain has also been disbelieved on a number of grounds. The Appellate Authority finds that the statement of Parkash Wati Jain is self contradictory. Ultimately, the Appellate Authority concludes that Parkash Wati Jain has failed to prove any document creating the relationship of landlord and tenant between Nanak Chand and Karori Mal, Bailash Chand Jain and Karori Mal, Naveen Kumar and Karori Mal. She has also not proved any document creating such a relationship between herself and Karori Mal. The Appellate Authority also observes as under :-