POPH SINGH Vs. CHIRANJI LAL

JUDGEMENT

(1.) Poph Singh, petitioner in this Court, filed an application under Section 13 of the Punjab Rent Restriction Act for the eviction of Chiranji Lal as tenant on the ground of non-payment of rent. Rent at the rate of Rs. 50/- per annum from 15th February, 1956 onwards was alleged not to have been paid.

(2.) According to the application the building in question belonged to one Kanhia Lal, who had mortgaged the same with possession in favour of Smt. Naraini Devi on 6th April 1921. Shri Kunj Lal, husband of Smt. Naraini Devi, let out this building to Chiranji Lal nearly 20 years ago at the rent mentioned above. Smt. Naraini Devi and her husband are both dead. Pop Singh claimed title from Smt. Narani Devi under a testamentary instrument and it is on the basis of this will that be brought a suit for a declaration with regard to his ownership against the sons and daughters of Shri Kunj Lal which was decreed in May, 1959. According to the petitioner, a sum of Rs. 25/- was paid as rent in respect of this building to Shri Bharat Chander, one of the sons of Shri Kunj Lal upto 15th February, 1956.

(3.) Chiranji Lal resisted this application and pleaded that he had never paid or tendered any rent as claimed by Poph Singh. He denied the existence of any tenancy from Poph Singh but when he appeared as a witness he went to the length of even claiming ownership of the building in question. This plea, as observed by the Rent Controller, was not raised in the written statement which contained a mere denial to Bharat Chander as alleged in the application for ejectment.