OMKAR SINGAL Vs. PANNU

JUDGEMENT

(1.) Omkar Singh who is landlord/petitioner before the Rent Controller has filed this revision petition under Art. 227 of the Constitution of India impugning order dated 01.06.2011 (Annexure P- 1) passed by learned Rent Controller, Moga, thereby dismissing the petitioner's application for secondary evidence of rent receipt (Annexure P-4).

(2.) Petitioner has filed ejectment petition (Annexure P-2) against the respondent Pannu under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging that the respondent is tenant in the disputed property under the petitioner. The tenant in his written statement (Annexure P-3) denied the relationship of landlord and tenant between the parties and pleaded that he was working as servant with the petitioner and had purchased the plot from the petitioner and constructed the house in the year 2005 and there is no relationship of landlord and tenant between the parties.

(3.) The petitioner in his application for secondary evidence alleged that he had issued receipt for rent of Oct. to Dec. 2006 to the respondent and the original rent receipt is in possession of the respondent whereas photostat copy thereof is in possession of the petitioner. The petitioner prayed that respondent be directed to produce the original receipt, failing which the petitioner be permitted to prove the rent receipt by way of secondary evidence.