SHASHI SHARMA Vs. MANJIT KAUR

JUDGEMENT

(1.) Challenge in the present revision petition is to the order of the Appellate Authority, Jalandhar dated 02.12.2011 whereby the Rent Controller was directed to assess the provisional rent after hearing the parties and the appeal of the respondent-landlady was allowed. The order dated 19.07.2011 whereby the Rent Controller had not assessed the rent on the ground of denial of relationship of landlord-tenant was set aside.

(2.) A perusal of the paperbook would go on to show that initially the respondent-landlady filed a civil suit No.69 of 2008, for mandatory injunction, directing the petitioner herein to withdraw from the premises shown as red colour in the site plan, which was part of property bearing No.770, Mota Singh Nagar Market, Jalandhar City. Recovery of Rs.2,01,362/- on account of use and occupation of the premises and for recovery of further mesne profits was also prayed for.

(3.) The defence taken by the petitioner-tenant was that the suit was not maintainable as he was a tenant in the premises in dispute and it was a counterblast to his suit against the landlady and her husband. It was the case of the petitioner himself that he was inducted as a tenant @ Rs.4000/- per month in the premises in question and the rent note dated 22.01.1996 was executed and the rent note dated 01.02.1997 upon which the respondent-landlady relied upon was denied. The suit was eventually dismissed on the ground that the respondentlandlady had no control over the shop in dispute and the petitioner was not a licensee as pleaded but a leasee. A finding was, however, recorded that the owner was Gurcharan Singh, husband of the landlady and accordingly, it was held that the suit for mandatory injunction was not maintainable and it was dismissed vide judgment and decree dated 06.10.2009.