JASBIR SINGH Vs. MANDIR BRAHM KUND TRUST

JUDGEMENT

(1.) An ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') had been preferred against the petitioner-tenant Jasbir Singh from the shop in his possession on the ground of non-payment of arrears of rent w.e.f. 01.01.1986 @ Rs. 200/- per month. The petitioner-tenant Jasbir Singh had contested the petition tooth and nail wherein even relation of landlord and tenant between the parties was denied by him. Holding existence of relationship of landlord and tenant between the parties, ejectment of the tenant was ordered on 30.07.1998. Appeal preferred by tenant was also dismissed on 16.05.2002 by the Appellate Authority, Jalandhar, constituted under the Act.

(2.) Challenging both these orders, the tenant had invoked the jurisdiction of this Court under Section 15(5) of the Act as also under supervisory powers of this Court under Article 227 of the Constitution of India.

(3.) Conceding that no rent had been paid to the landlord, it is still the assertion of the petitioner-tenant that he was tenant under the Mandir Brahm Kund Managing Committee and not under the respondent. Tenant claiming that the authorities under the Rent Act had mis-appreciated the evidence as also the attending facts, has urged that rent deed of 25.06.1984 (Ex. P-12) showing relationship of the petitioner with the Managing Committee of the Kund was totally ignored by the authorities to his prejudice, when his ejectment had been ordered. It is claimed that rent note dated 23.06.1984 (Ex. P-11) propounded by the respondent-Mandir Brahm Kund Trust, Jalandhar, was a forged and fabricated document and thus could not have formed the basis of his ejectment. Castigating the rent note (Ex. P-11) findings of both the authorities below have been challenged.