UDAI SINGH Vs. DHARA SINGH

JUDGEMENT

(1.) Instant revision petition has been filed for quashing the judgment dated 21.7.1984 passed by learned Rent Controller, Palwal, and the judgment dated 8.1.1986 passed by the appellate authority, Faridabad, whereby the eviction petition filed by the petitioner has been dismissed and appeal therefrom has also been dismissed. Brief facts of the case are that petitioner filed an application for eviction of the respondent alleging that Charan Singh, deceased father of the applicant, was the owner of the shop in dispute situated within the revenue limits of Palwal town. The said shop was given on rent to the respondent on monthly rent of Rs. 200/- per month plus house tax for eleven months vide rent note dated 20.9.1978 by the deceased father of the petitioner. Charan Singh, father of the petitioner, expired and the petitioner stepped into the shoes of his father. It was also alleged that rent as well as the house tax has not been paid by the respondent from 20.2.1980 till filing the eviction petition.

(2.) On notice, respondent appeared and contested the case by filing reply. Respondent denied the relationship of landlord and tenant and submitted that rent note is false, fictitious and the same is not sustainable.

(3.) Learned Rent Controller framed following issues:--