DHALU RAM Vs. JESSA RAM

JUDGEMENT

(1.) THIS is landlord petition filed under Section 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 praying for setting aside the order dated 6.4.1989 passed by the Appellate Authority, Sonepat. The Appellate Authority has reversed the order dated 29.7.1988 of the Rent Controller vide which the Rent Controller has ordered ejectment of the tenant-respondent from the demised premises.

(2.) BRIEF facts of the case are that Smt. Nanki Bai has purchased two plots from one Guru Dutt for a sum of Rs. 2,400/- on 20.4.1960. The landlord- petitioners had produced on record a copy of the sale deed dated 20.4.1960 Ex. AW-2/1 which proves the fact of purchasing two plots by Nanki Bai. Before Nanki Bai had purchased the plots, there was no religious place on those plots. Neither the sale deed nor the Jamabandi for the year 1956-57 indicate anything to that effect. Nanki Bai became extremely religious after the death of her husband Talia Ram. It appears that she started devoting her time to the worship of Holy Shri Guru Granth Sahib and some Hindu idols which she had installed at her house which was built on one of the plots. There is a shop adjoining the house and the dispute is with regard to the shop. Nanki Bai also died.

(3.) THE tenant-respondent has also admitted that he was tenant under Nanki Bai and on that basis it has been held that Nanki Bai during her life time was the landlady of the tenant-respondent. However, after her death, the tenant- respondent is alleged to have paid rent to one Prem Parkash in respect of the demised premises. The afore-mentioned Prem Parkash is said to be a Sewak of the Gurdwara. The receipts showing the payment of rent Exs. R1 to R3 issued by Prem Parkash at the rate of Rs. 65/- do not have stamp of the Gurdwara except stating that the rent has been received in respect of Gurdwara Nanki Bai. The Rent Controller came to the conclusion that once the landlord- petitioners are held to be the heirs of Nanki Bai, it has to be accepted that there is a relationship of landlord and tenant between the tenant-respondent and the landlord-petitioners. The view of the Rent Controller in this regard reads as under :-