LAWS(P&H)-2013-12-180

SUDHIR KUMAR Vs. SAPNA SHARMA

Decided On December 13, 2013
SUDHIR KUMAR Appellant
V/S
Sapna Sharma Respondents

JUDGEMENT

(1.) This is tenant's revision petition challenging the order dated 19.8.2010 of the Rent Controller, Ferozepur whereby eviction of the petitioner has been ordered from the demised premises. Further challenge has been laid to the judgment dated 6.8.2012 of the Appellate Authority, dismissing the appeal filed against the aforesaid order of eviction on behalf of the tenant-petitioner. Respondent through its Karta Krishan Narain Sayal (since deceased and now represented through LRs) filed the instant ejectment petition against the petitioner on the ground that he was in arrears of rent since 1.1.2004 and also for remaining in unauthorized possession of premises in dispute since April, 2003. It was also averred that demised premises were required by the respondent landlord for his bona fide requirement.

(2.) The petitioner contested the petition raising various preliminary objections including that the respondent-landlord was not competent to file the ejectment petition as there was no relationship of landlord and tenant between the parties. However, it was admitted that petitioner was tenant in the premises at the rate of Rs.200/- per month, but the respondent-landlord was not owner of the property in question. The agreement of rent relied upon by the respondentlandlord was forged and fabricated document. All other averments were denied and dismissal of the eviction petition was prayed for.

(3.) Both parties led evidence in support of their respective cases.