SHIVALA DAMODAR DASS Vs. SHANKAR DASS

JUDGEMENT

(1.) THIS is landlord's petition challenging the dismissal of petition under Section 13 of the East Punjab Rent Restriction Act (hereinafter referred as the Act) seeking ejectment of the respondent inter alia on the grounds of arrears of rent, material impairment of the value and utility of the building, personal requirement and nuisance.

(2.) LEARNED Rent Controller dismissed the ejectment petition holding that there is no relationship of landlord and tenant between the parties, although the Rent Controller found that the respondent has materially impaired the value and utility of the building. Since the ejectment petition was dismissed, the petitioner filed an appeal before the Appellate Authority. In appeal, the Appellate Authority reversed the findings and held that the petitioner is a jurists (juristic ?) person and since the property is being managed by the petitioner therefore, there is relationship of landlord and tenant between the parties. The Appellate Authority relied upon the judgments Ex. DA and DB to hold the relationship of landlord and tenant between the parties.

(3.) IN reply thereto primarily submission of the respondent-tenants was that they were inducted as tenants by Mandir Damodar Dass and Shivala Damodar Managing Committee which was not in existence at the time of creation of tenancy and is not competent to institute the present petition. However, in respect of ground of ejectment it submitted the following reply :