AJIT SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is landlord's revision directed against the order of the Appellate Authority whereby the order of the Rent Controller was set aside and in consequence thereof ejectment petition filed by the landlord was dismissed.

(2.) PETITIONER sought ejectment of the respondent on the ground of non-payment of rent. In the ejectment petition it was claimed that the respondent is occupying the premises as a tenant under them and prior thereto he was a tenant under their father on a rent of Rs. 80/- per month. It was also claimed that rent upto September, 1977, was paid by the respondent but thereafter he stopped paying rent and thus his ejectment was claimed on the ground of arrears of rent with effect from October, 1977. The respondent contested the application. In his written statement, he denied the relationship of landlord and tenant He, as a matter of fact, set up the ownership of the house in himself. It was claimed in the written statement that the site underneath the house was sold to him by Giani Hari Singh, father of the petitioners vide sale dated 4 12. 1968 upon which he built the house. Petitioners filed replication to the written statement in which the averments made in the written statement were denied. It was also denied that the house was sold by their father to the respondent. Sale deed set up by the respondent was stated to be forged and fictitious document. Rent Controller, on appraisal of the evidence on record, found the existence of relationship of landlord and tenant between the parties. As the respondent had not tendered rent on the first date of hearing, he was ordered to be ejected from the premises.

(3.) ON appeal, the Appellate Authority set aside the order of the Rent Controller. The Appellate Authority, because of same discrepancy in the pleadings and the statement of one of the petitioners found that there was no relationship of landlord and tenant between the parties. In consequence thereof, the ejectment petition was dismissed. This order is being challenged by the landlord in this revision.