RAKESH KUMAR Vs. BHAGWAN DASS

JUDGEMENT

(1.) The present petition has been filed by the tenant challenging the order dated 06.02.2012 whereby the application filed by the tenant under Order 7 Rule 14 read with Sec. 151 of the Code of Civil Procedure was dismissed by the Rent Controller, Faridabad.

(2.) As per the application, the petitioner-tenant alleged that the landlord had failed to produce any document qua the ownership of the property in dispute and it has come on record that the respondent is not related to the property in question. It is alleged that as per the record of Municipal Corporation, Faridabad, one Om Prakash was recorded as owner of the shop in dispute and there is no property existing in the name of the alleged landlord with respect to the property bearing No.37 situated at 1-J NIT,Faridabad with the MCF, Faridabad. It was, accordingly, contended that directions be issued for producing the documents of title.

(3.) The said application was contested by filing reply by the respondent-landlord and it was submitted that he is the absolute owner in possession of the property and the applicant was his tenant and the tenancy was admitted by him and there was no need to produce any documents to prove the ownership of the respondent as there was no dispute regarding the relationship of the applicant and the respondent. It was further averred that there is no dispute regarding title of the property and it is only a petition for eviction under Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, 'the Act'). It is also submitted that it is not necessary to be the owner of the property and he can be a landlord in the present case, and therefore, the application was not maintainable. The provisions of Order 7 Rule 14 of the Code of Civil Procedure were also objected as not being applicable and that there was a rent agreement dated 25.11.2004 which had been already accepted and admitted by the applicant.