LAWS(P&H)-2022-10-153

SIMAR SINGH Vs. SOHAN SINGH

Decided On October 12, 2022
Simar Singh Appellant
V/S
SOHAN SINGH Respondents

JUDGEMENT

(1.) The petitioner-tenant is impugning the orders dtd. 15/1/2020 and 8/8/2022 passed by the Rent Controller and Appellate Authority, Dasuya respectively vide which an application filed under Sec. 38 of Punjab Rent Act, 1995 (hereinafter referred to as 'the Act') for grant of leave to contest filed by him was declined and the tenant was ordered to hand over the vacant possession of the demised shop within two months else the landlord was held entitled to recover the possession of the demised shop as per the provisions of law.

(2.) The respondent-landlord instituted an eviction petition under Sec. 24 of the Act wherein the leave to defend filed by the petitioner was dismissed as already detailed hereinabove.

(3.) Learned counsel appearing for the petitioner-tenant submits that the impugned order suffers from patent illegality and is contrary to the settled principles of law. Hence, it deserves to be set aside. Learned counsel has vehemently urged that both the Courts below while passing the impugned orders failed to appreciate that since the petitioner had been paying rent to Mohan Singh, brother of respondent No.1, and since even the shop in question had not been let out by respondent no.1 to the petitioner, there existed no relationship of landlord-tenant between him and respondent No.1. Hence, the eviction petition under the Act was not maintainable. Learned counsel still further submits that in the aforementioned circumstances the only remedy available to respondent No.1 was to seek possession of the demised premises by filing a civil suit to the said effect. He further submits that the rent petition so filed was also bad for nonjoinder of the other co-owners of the demised premises.