SOHAN LAL (DECEASED) Vs. BALBIR SINGH AND OTHERS

JUDGEMENT

(1.) This is an application for placing on record rent receipts alleged to have been paid by the tenant in favour of the mortgagee, I do not think it is necessary for consideration at the stage of civil revision petition. There is no justification for non-filing of these documents before the Rent Controller itself. If the amounts are said to represent payments made subsequent to the filing of the petition, they become irrelevant. In either case documents are not required to be received.

(2.) To the petition filed by the landlords, the contest by the tenant was that the rent note executed on 05.03.1980 as a measure of compromise during the pendency of suit for redemption was provisional and was intended to take effect only when the landlords as plaintiffs were took possession. Pursuant to the decree that was to be passed in the redemption suit, so long as the possession was not taken by the passing of final decree, the tenant could not be treated to be a tenant under the landlords, who claimed as purchasers of equity of redemption, but the tenant would continue to be a tenant only under the mortgagee against whom there had not yet been a final decree for redemption delivering the property to the purchasers. Responding to the statement made before Court on the basis of which the tenant was exonerated through suit, the contention was that the acceptance of the tenant of the landlords' status must be understood in the context of what would enure to the landlord on securing actual possession through Court on the passing of final decree and that is how he understood himself when he gave a recorded statement in Court.

(3.) The relevant portions of the rent note dated 05.03.1980 and the respective statements of the parties before the tenant was removed from the array of parties, would require to be reproduced for coming to grips with the issues raised in this case:-