MOHINDER SINGH Vs. RAM NATH

JUDGEMENT

(1.) THIS is landlord's revision petition whose application for ejectment of the tenant was allowed by the Rent Controller but dismissed in appeal.

(2.) MOHINDER Singh, landlord, sought the ejectment of the respondent Ram Nath from a part of House No. 1609/1, situated in Mohalla Purara Gadda Khanna, near Arya Samaj, Patiala, inter alia on the grounds that he had failed to pay rent at the rate of Rs. 140/- per month from August 1, 1972 onwards; had not made payment of the house tax leviable at the rate of 12 per cent. On the amount of rent since the year 1972 and that the premises, in question, were required by him for his own use and occupation. The petition was contested by the respondent mainly on the ground that there was no relationship of landlord and tenant between the parties. The learned Rent Controller found that there did exist the relationship of landlord and tenant between the parties. Since no rent was paid even in accordance with the provisions of the East Punjab Urban Rent Restriction Act, 1949, (hereinafter called 'the Act'), the order of eviction was passed against him. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that there was no relationship of landlord and tenant between the parties, as alleged. Consequently, the ejectment application was dismissed. Dissatisfied with the same the landlord has filed this revision petition in this Court.

(3.) AFTER hearing the learned counsel for the petitioner, I do not find any merit in this revision petition.