JAILI RAM BANSAL Vs. JAI PAL

JUDGEMENT

(1.) THIS is tenant's revision petition directed against the orders of the authorities below whereby the tenant was ordered to be ejected

(2.) LANDLORD (respondent herein) sought ejectment of the petitioner from the tenanted premises under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973. The ejectment was claimed on the ground of non-payment of rent w. e. f. February 8, 1982. in the written statement, tenant (petitioner herein) denied the relationship of landlord and tenant. The petitioner in his written statement stated that the site underneath the shop belonged to Hukam Chand and others from whom the respondent took the site and thereafter constructed the shop. Petitioner also alleged that on February 9, 1982, the respondent surrendered possession of the vacant site to Hukam Chand and others and sold the Malba on the site to him for Rs. 6,000/- which was to be paid in eight instalments of Rs. 750/- each. The instalments were stated to have been paid through cheques. Petitioner claimed to have taken the site on rent from Hukam Chand and others since February, 1980 at the rate of Rs. 140/- per month.

(3.) THE Rent Controller on appreciation of the evidence on record found that there was relationship of landlord and tenant between the parties and since the tenant had not paid the rent to the landlord w. e. f. February, 1982, the petitioner was ordered to be ejected. On appeal, the Appellate Authority affirmed the findings of the Rent Controller These orders of the authorities below have been challenged in this revision petition.