BALBIR SINGH Vs. BALKIAR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of appellate authority, Patiala dated 22nd of May, 1989 whereby impugned order of ejectment passed by the learned Rent Controller, Fatiala, dated 19. 10 1988 was set aside and it was directed that the parties shall be at liberty to have the question of title decided by the Civil Court.

(2.) BALBIR Singh Walia (hereinafter referred to as the Landlord) through his General Attorney Mohinder Singh filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for ejectment of Balkiar Singh, (hereinafter referred to as the tenant) and his brother Kulwant Singh on the ground that Balkiar Singh had sublet the demised permises to his brother Kulwant Singh without prior permission of the landlord in writing. Secondly, the eviction of the tenant from the residential premises was sought on the ground of non-payment of arrears of rent from 1. 2. 1971 onwards, inspite of repeated demands.

(3.) IN their joint written statement, it was pleaded that Balkar Singh alongwith his brothers Kulwant Singh and Raghuwant Singh were in possession of the demised premises for more than 15 years continuously, peacefully and under a title hostile to the owner of the house, and as such had become owners of the suit properly by adverse possession. Apart from the denial of relationship of landlord and tenant between the parties, it was further pleaded that the tenant and his brothers were not liable to be evicted from the demised premises either on the ground of arrears of rent, or on the ground of sub-letting. In the replication, the landlord denied the averments in the written statement and reiterated those in the petition for ejectment. It was specifically denied that the tenant and his brothers had become owners of the suit property by adverse possession.