PIRTHI SINGH Vs. SANATAN DHARM MAHABIR DAL

JUDGEMENT

(1.) This is a civil revision petition filed under Article 227 of the Constitution of India against the order dtd. 21/9/2024 (Annexure P-1) passed by the Rent Controller, Bathinda, whereby, application for recasting of the proposed issues and changing the burden of issue of issue No. 5 upon landlord/respondent, has been dismissed.

(2.) Learned counsel for the petitioner has submitted that in the present case, eviction has been sought by the respondent-landlord on the ground of subletting and change of user, however a perusal of the order framing issues dtd. 10/2/2022 would show that as regards both the aforesaid grounds only one consolidated issue has been framed to the effect 'whether the applicant is entitled to seek the respondent's ejectment from the demised premises on the grounds, as pleaded in the application?OPA'. It is submitted that separate issues should have been framed with respect to the same instead of framing one consolidated issue.

(3.) Learned counsel for the petitioner has further argued that issue No. 5 has been framed in the present case to the effect that 'whether the application is not filed by the authorized/competent person?OPR' and regarding the same, onus has been wrongly put on the petitioner whereas the onus should have been put on the landlord as it was for him to prove that the application had been filed by the authorized/competent person. It is submitted that the application dtd. 18/7/2024 filed by the petitioner for recasting the issues was meritorious and the same has been wrongly rejected vide the impugned order dtd. 21/9/2024 and the same deserves to be allowed.