MADAN LAL BARBER Vs. DHARAMBIR

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 20.2.1988 passed by the Appellate Authority, whereby the appeal filed by the landlord was accepted, the order passed by the learned Rent Controller was set aside and ejectment order was passed against the tenant.

(2.) THE facts in brief are that Dharambir, landlord, filed petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against Madan Lal-tenant, seeking his ejectment from the house in question on account of non-payment of rent, alleging therein that the rate of rent was Rs. 67.50 per month including rent and tax and that the tenant had not paid the arrears of rent since 1.9.1979 till the filing of the ejectment petition. In the written statement filed by Madan Lal-tenant, the relationship of landlord and tenant between the parties was denied. It was alleged that in fact, he (Madan Lal) was inducted as a tenant by Harbhagwan (father of Dharambir- landlord) in the demised premises on a rent of Rs. 30/- per month. It was alleged that he (Madan Lal) had paid the rent upto 31.8.1982 to the said Harbhagwan. In the replication, Dharambir-landlord, controverted the allegation of Madan Lal-tenant and reiterated the stand taken by him in the ejectment petition.

(3.) AFTER hearing both sides, the learned Rent Controller dismissed the ejectment petition holding that there was no relationship of landlord and tenant between the parties, in as much as Madan Lal was inducted as a tenant by Harbhagwan, father of Dharambir. It was further held that since there was no relationship of landlord and tenant between the parties, the present petition for ejectment filed by Dharambir was not maintainable on account of non-payment of rent. Resultantly, the ejectment petition was dismissed. However, the appeal filed by Dharambir was accepted by the Appellate Authority. The order passed by the learned Rent Controller was set aside and it was held that there was relationship of landlord and tenant between the parties and that Madan Lal-tenant was liable to be ejected from the house in question on account of non-payment of rent. Aggrieved against the same Madan Lal-tenant filed the present revision petition in this Court.