LALITA DEVI Vs. VIVEK

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dtd. 21/3/2022 passed by the Rent Controller assessing the provisional rent @ Rs.2,500.00 per month from 1/9/2019 till 31/3/2022 along with interest and costs totalling Rs.84,700.00 and to the order dtd. 7/5/2022 passed by the Appellate Authority whereby the appeal preferred by the tenant-petitioner against order dtd. 21/3/2022 has been dismissed.

(2.) The facts in brief are that the landlord-respondent had filed an ejectment application seeking eviction of the tenant-petitioner from the premises in dispute on the ground of non-payment of rent and personal necessity. Vide impugned order dtd. 21/3/2022 the Rent Controller provisionally assessed the arrears of rent from 1/9/2019 till 31/3/2022 @ Rs.2,500.00 per month totaling Rs.77,500.00, interest was assessed at Rs.6,200.00 and costs were assessed at Rs.1,000.00. The matter was adjourned to 9/5/2022 for payment of the provisional rent. The tenant-petitioner filed an appeal (RA-44-2022) against the order dtd. 21/3/2022 passed by the Rent Controller. However, vide impugned order dtd. 7/5/2022 the said appeal was dismissed.

(3.) Learned counsel for the tenant-petitioner would contend that a total fraud has been committed by the landlord-respondent in the present case inasmuch as a forged and fabricated document has been prepared as a rent agreement dtd. 1/12/2016 and that the tenant-petitioner has disputed the relationship of landlord and tenant between the parties. It is submitted that the tenant-petitioner is running a typing institute in the premises in dispute since 1990. It has further been contended that the premises in dispute is not mentioned in the transfer deed executed by the grandfather of the landlord-respondent in favour of the landlord-respondent and his brother. It is further the contention that the landlord-respondent is not the landlord in the present case inasmuch as the landlord-respondent wants to grab the property of his grandfather, Bharpur Singh. At the time of making submissions, learned counsel for the tenant-petitioner also produced a copy of order dtd. 9/5/2022 passed by the Rent Controller. The said order reads as under :